What Is an Adult Interdependent Partner Agreement in Alberta?

Many couples in Alberta live together without marrying. Alberta law gives some of those couples a legal status called adult interdependent partners, and that status can affect property, support and what happens if one partner dies.

An adult interdependent partner agreement is one way to get that status on purpose, instead of waiting to see whether you qualify. This article explains what it does, who can sign it, what can make it invalid, and how it differs from a cohabitation agreement.

This article covers the law of Alberta.

What the agreement does

Under the Adult Interdependent Relationships Act (AIRA), two people can become adult interdependent partners by entering an adult interdependent partner agreement, with no minimum length of time together. Without an agreement, a couple generally has to live together in a relationship of interdependence for a continuous period of not less than 3 years. A couple can also qualify in under 3 years if the relationship has some permanence and there is a child of the relationship by birth or adoption.

A relationship of interdependence is a relationship outside marriage in which two people share one another's lives, are emotionally committed to one another, and function as an economic and domestic unit.

Who can sign one

Any 2 people who are living together, or who intend to live together, in a relationship of interdependence may enter into an agreement. You cannot sign if you are already party to an existing adult interdependent partner agreement, if you are married, or if you are a minor. The exception is a minor who is at least 16 and whose guardians have given prior written consent in advance.

A person also cannot have more than one adult interdependent partner at any one time. People who are related by blood or adoption can become partners of each other only by signing an agreement, and the 3-year and child routes do not apply to them. Alberta.ca says relatives by blood or adoption must use the form in the Adult Interdependent Partner Agreement Regulation.

When an agreement is invalid or ends

An agreement is invalid if a party was induced to sign by fraud, duress or undue influence. It is also invalid if the parties were neither living together nor intending to live together when they signed.

An agreement expires when the parties become former adult interdependent partners. Partner status can end in several ways, including a written agreement to live separate and apart without possibility of reconciliation, or living separate and apart for more than one year with one or both intending the relationship not to continue. Marrying each other, or one partner marrying someone else, also ends it.

How it differs from a cohabitation agreement

An adult interdependent partner agreement is about status. It is the document that brings you within the AIRA. Once you are adult interdependent partners, other laws apply to you, including the Family Property Act for property and the Wills and Succession Act if one partner dies without a will.

A cohabitation agreement is a contract between partners about how you will deal with matters such as property. Adult interdependent partners can opt out of the Family Property Act rules by drafting their own property division agreement. The two documents can work together, but they do different jobs, so having one does not automatically give you the other.

Whether a single document should do both jobs depends on your situation, and a lawyer can confirm how to word it.

What to do next

• Decide whether you want partner status now or are content to let it arise after 3 years or with a child.
• Check that neither of you is married or already party to another agreement.
• If you are related by blood or adoption, ask about the required form.
• Make sure both of you sign freely and are living together or plan to.
• Speak with a lawyer about whether you also want a separate property agreement.

Frequently asked questions