Adult Interdependent Partner Agreements in Alberta: Who Can Sign?

Many Alberta couples live together without marrying and wonder when the law treats them as a family unit. The usual routes are living together for a period of time or having a child. Some couples would rather decide for themselves, and signing an adult interdependent partner agreement lets them do that.

This article explains what the agreement is, who can sign it, who cannot, and what can make it invalid. It also covers why signing matters, how the agreement ends, and how it differs from a separate property division agreement. It is general information, not advice on your own situation.

This article covers the law of Alberta.

What the agreement does

Under the Adult Interdependent Relationships Act (AIRA), two people become adult interdependent partners if they live together in a relationship of interdependence for a continuous period of not less than 3 years. They 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.

The agreement is a third route. Under AIRA s. 3(1)(b), two people become adult interdependent partners with no minimum time by entering an adult interdependent partner agreement under s. 7. So you do not need to wait three years or have a child.

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 two people who are living together, or who intend to live together, in a relationship of interdependence may enter into an agreement. You do not have to have lived together already.

Relatives by blood or adoption are a special case. They can become adult interdependent partners of each other only by signing an agreement, and the 3-year and child routes do not apply to them. They must use the form in the Adult Interdependent Partner Agreement Regulation.

Who cannot sign one

A person cannot sign an agreement in these situations:

• They are already a party to an existing adult interdependent partner agreement.
• They are married.
• They are a minor. The exception is a minor who is at least 16 and whose guardians gave prior written consent.

More generally, a person cannot have more than one adult interdependent partner at any one time, and a married person cannot become an adult interdependent partner while living with his or her spouse.

What makes an agreement invalid

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.

There is also a penalty for misuse. A person who alleges an adult interdependent relationship, knowing that it does not exist, is liable in damages for the pecuniary loss and costs incurred in reliance on that allegation.

Why signing matters, how it ends, and how it differs from a property agreement

Partner status has real consequences. The Family Property Act applies to adult interdependent partners as well as spouses, and it can be used by adult interdependent partners who separate on or after January 1, 2020. If you separated before that date, different rules may apply, so it is worth confirming with a lawyer. Under the Family Law Act, every spouse or adult interdependent partner has an obligation to provide support. On an intestacy, a surviving adult interdependent partner can inherit. If there are no descendants, the entire intestate estate goes to the spouse or partner.

The agreement itself expires when the parties become former adult interdependent partners. Partner status generally ends at the earliest of several events. These include 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.

An adult interdependent partner agreement is one way two people become partners under the AIRA. A property division agreement is a separate document. Partners who want their own rules for dividing property can draft one, which lets them opt out of the Family Property Act rules. Many couples sign both, but they do different jobs.

What to do next

• Confirm that neither of you is married or already party to another agreement.
• Check whether either of you is a minor. A minor can sign only if at least 16 and the guardians gave prior written consent.
• Make sure you are living together or genuinely plan to, and that both of you sign freely.
• If you are related by blood or adoption, get the regulation form.
• Think about whether you also want a separate property agreement.
• Speak with a lawyer before signing, especially if you have children, a home or other assets.

Frequently asked questions