How does separation from common-law works? Please help

[Nitz_Au]

I'm in Alberta and currently with common law for two years. The relationship suddenly come to an end. How do I separate from common law? Which form should we fill out and notarized as proof? Do we need a divorce?

 

[Mardek]

Because there's no legal document involved in common-law relationship, you do not need to do anything other than moving away from eachother.

 

[Buletruck]

Because there's no legal document involved in common-law relationship, you do not need to do anything other than moving away from eachother.

Not exactly the case. Common law relationships carry similar rights to being married in Canada. If you have, or are in the process of sponsoring someone for a PR under common law relationship, you have to sign a statutory declaration of common law and have it notarized, in effect a legal document. You need a separation agreement to show the relationship has ended.

Terminating an Adult Interdependent Partnership
An adult interdependent partnership ends when any of the following happen:
•The partners sign a written agreement stating that they intend to live separate and apart, without the possibility of getting back together (‘reconciliation’).
•The partners live separate and apart for more than one year or both partners intend that the adult interdependent relationship end.
•The partners marry each other or one of them marries or enters into an adult interdependent relationship with a third party.

Source: http://www.slsedmonton.com/family/common-law-relationships/

You do not have to move away from each other. Many separated couples actually maintain residence in the same house, but In separate rooms (i.e. room mates). If you have children, expect the process to be similar to a divorce.

 

[Rob_TO]

Terminating an Adult Interdependent Partnership

This is not the same as common-law for CIC immigration purposes.

In Alberta one is not common-law (or in an Interdependent Relationship) for legal purposes until they have lived together for 3 years. If this is not the case for the OP, then they don't need to do any of that stuff as they are not legally common-law in the eyes of the province anyways and there are no legal rights to consider.

 

[Buletruck]

This is not the same as common-law for CIC immigration purposes.

That's correct. CIC will likely follow federal guidelines. So, if you're talking about CIC related issues, you would still want to have a separation agreement in hand. and Even if you aren't I would still personally recommend you get one for the effort it takes.

You may apply to sponsor a common-law partner, of the opposite sex or the same sex. If so, you have to prove you have been living with your partner for at least 12 consecutive months in a relationship like a marriage.



Adult Interdependent Relationship
In Alberta, common law couples are legally known as adult interdependent partners and are in an adult interdependent relationship. There are basically three ways you can become adult interdependent partners:

1. cohabit for three year;
2. cohabit and have a child together; or
3. enter into an adult interdependent relationship.

An adult interdependent relationship ends when there is a separation of one year, or one of the parties marries or enters into a new adult interdependent relationship.

 

[Rob_TO]

That's correct. CIC will likely follow federal guidelines. So, if you're talking about CIC related issues, you would still want to have a separation agreement in hand.

This is really not required. Plus it's not always a simple matter to reach out to your ex-partners and ask them to sign documents.

If you have separated from a CIC-defined common-law partner and then gotten married to someone else or have entered into a new common-law relationship, a formal separation agreement from previous common-law partner is definitely not required. CIC will assume the previous relationship has ended.