Quote:
Originally Posted by automaton 3
Nope, and this is a common misconception. The Divorce Act provides for the division of marital propery, and only applies to married persons.
The courts have on occasion provided for a division of property in cases of unjust enrichment (ie unmarried couple farms for decades together, he kicks her off the farm leaving her with nothing).
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The
Divorce Act (Federal) does not deal with property. This is a provincial jurisdiction - in Alberta we have the
Matrimonial Property Act.
Common-law relationships are governed in Alberta by the
Adult Interdependent Partners Act, and the common law. Lawyers call Adult Interdependent Partners "AIPs". One seminar topic was "Planet of the AIPs". Who says Lawyers have no sense of humor?
http://www.law-faqs.org/ab/inter.htm
http://www.justice.gov.ab.ca/home/default.aspx?id=3550
Over the years, courts and lawmakers have recognized the need for laws to address the financial and property issues of people in committed relationships outside of marriage.
Because committed unmarried relationships create financial dependencies and responsibilities, the government must: - ensure our laws clearly outline the responsibilities people willingly take on when they enter into a financially and emotionally interdependent relationship; and,
- provide access to the courts or other legal mechanisms to settle disputes when these relationships come to an end.