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09-30-2018, 12:31 PM
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Join Date: Dec 2013
Posts: 327
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Common law seperation question
Hello,
Had a discussion today with a friend who was going through a commonlaw seperation, he has a kid and he said that he is fine with child support. But he was wondering if he had to split his bank account under his name and shares he has with a company. I said no that different compared to married couples...but im not too sure now. Lol i know asking on the internet for legal advice is not a good thing but its not really advice im looking for. Im wondering form someone exerpeince. Thanks.
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09-30-2018, 12:34 PM
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Join Date: Sep 2008
Location: Near YVR
Posts: 1,237
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Contact a Lawyer, thats the best advice I can give on the internet.
Its going to be a long road for him.
Rob
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09-30-2018, 12:35 PM
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Join Date: May 2009
Location: near Calgary
Posts: 6,651
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when a child is born to c/l couple
I believe for all intents and purposes they are considered married under the law but always best to get a legal opinion from a lawyer rather than internet as you say.
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 a hunting we will go!!!!!!
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09-30-2018, 12:37 PM
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Join Date: Sep 2014
Location: McBride/Prince George
Posts: 14,564
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I believe any gains accumulated after the start of the relationship is split.
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09-30-2018, 12:38 PM
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Join Date: Sep 2014
Location: McBride/Prince George
Posts: 14,564
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And I believe your wrong that it’s different than being married.
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09-30-2018, 12:48 PM
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Join Date: Sep 2010
Location: Vulcan Ab
Posts: 3,871
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"In Alberta, common law couples are legally referred to as “adult interdependent partners”. You are considered to be in a common law relationship after three years of living together. The three year time period is reduced if you have a child together or enter into an adult interdependent partnership" GET A LAWYER!!
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09-30-2018, 12:48 PM
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Join Date: Mar 2009
Location: Medicine Hat
Posts: 3,219
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Lawyer up.
Not sure of the implications of having a child in a common law relationship, but I would assume child support would be required. I believe assets are treated differently but would strongly advise good legal advice before agreeing to anything. Lawyer will run anywhere from $300-$500/hr but they are worth it.
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09-30-2018, 12:49 PM
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Join Date: May 2016
Posts: 76
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What ever made when common law will be half hers.
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09-30-2018, 01:02 PM
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Join Date: Dec 2007
Posts: 1,279
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Get a lawyer as it will get difficult. Case law made common law marriage the same as legal marriage. And because of a particular case law decision, it only requires the agreement to live together and 24 hours under the same roof.
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09-30-2018, 01:19 PM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,071
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It is no longer absolutely cut and dried 50%.
They will look at who brought what, who had what, who paid what in some cases depending on what they both had at the start of the relationship.
Been there, done that. 
Get a good lawyer.
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09-30-2018, 02:04 PM
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Banned
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Join Date: Jan 2011
Posts: 4,090
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Quote:
Originally Posted by raised by wolves
Get a lawyer as it will get difficult. Case law made common law marriage the same as legal marriage. And because of a particular case law decision, it only requires the agreement to live together and 24 hours under the same roof.
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Thats a bit hard to believe... source?
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09-30-2018, 02:14 PM
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Join Date: Dec 2009
Location: Spruce Grove, AB
Posts: 3,045
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Be careful on the lawyer. There are some good ones but I've recently witnessed some that make me wonder how they made it through high school. Thousands spent and nothing to show for it.
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09-30-2018, 02:52 PM
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Join Date: Feb 2013
Posts: 301
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Quote:
Originally Posted by skidderman
Be careful on the lawyer. There are some good ones but I've recently witnessed some that make me wonder how they made it through high school. Thousands spent and nothing to show for it.
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Sounds like they knew exactly what they were doing.
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09-30-2018, 05:37 PM
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Join Date: Jul 2017
Posts: 1,425
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Getting a lawyer is good advice, but you have to manage them. I know a couple, no children, Split down the middle, but they are having troubles with both lawyers closing.
If you have cash in an account and she doesn’t, expect trouble. If you’ve supported her for years, expect to continue at some negotiated amount. If you came into the relationship with value, and she never supported those interests, good chance they will remain yours.
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09-30-2018, 07:30 PM
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Join Date: Jul 2009
Location: Lacombe, AB
Posts: 1,404
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He needs legal advice, but minimizing lawyers is best if at all possible.
In a bitter fight, the only winners are the lawyers.
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09-30-2018, 08:26 PM
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Moderator
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Join Date: Aug 2012
Location: Strathmore
Posts: 5,620
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This can be rough or smooth, he'll decide that. Period. Get him to write her a cheque right now, tonight even for the first 2 weeks of child support. Pick something fair, write her another cheque dated the 15th, It's his child, his responsibility. Help with some back to school stuff if required.
If he pays upfront responsibly like he should, he can go a long ways toward keeping it civil. I know this!
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09-30-2018, 09:40 PM
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Join Date: Sep 2010
Location: Camrose
Posts: 2,359
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How civil are they about this? That determines everything.
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10-01-2018, 05:34 PM
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Join Date: Oct 2010
Location: central Alberta
Posts: 12,628
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If things haven't changed too much I believe if the split is mutual and uncontested you can pay a couple hundred bucks to seal the deal.
Child support is a totally separate issue. Child support is decided based on income. Child custody is another matter. Maybe it is better that he keep the child with him and have her pay child support.
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Last edited by Red Bullets; 10-01-2018 at 05:39 PM.
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10-01-2018, 08:21 PM
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Join Date: Jul 2009
Location: North Sask.
Posts: 358
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Be NICE.....Lawyer up....TRY and work out a deal to buy her out.
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10-12-2018, 02:31 AM
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Join Date: May 2016
Posts: 10
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Quote:
Originally Posted by roper1
This can be rough or smooth, he'll decide that. Period. Get him to write her a cheque right now, tonight even for the first 2 weeks of child support. Pick something fair, write her another cheque dated the 15th, It's his child, his responsibility. Help with some back to school stuff if required.
If he pays upfront responsibly like he should, he can go a long ways toward keeping it civil. I know this!
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And keep documented proof of payment as well.
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10-12-2018, 05:11 AM
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Banned
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Join Date: Jul 2018
Location: Toronto On
Posts: 32
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Get a lawyer
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