The Alberta Government has decided to pass legislation to clarify the rights of individuals who claim the same rights as spouses, but are not married. It remains to be seen whether the issue is clarified, or further complicated.

Various Charter of Rights rulings have extended to common-law partners and same-sex partners rights traditionally reserved for married partners. This Act attempts to reconcile the principles of these decisions with the special position accorded to marriage in our Province. It has resulted in amendments to 68 other pieces of legislation, sometimes these are major changes but most are relatively minor.

An Adult Interdependent Partner (AIP) can be acquired deliberately- by signed agreement- or by the nature of the relationship between the parties. To be found to be an AIP in the absence of an agreement the parties must live together in a relationship of interdependence for three years, or for a shorter time if they have a child of the relationship by birth of adoption. People related by blood can only acquire an AIP by agreement.

There is a list of factors set out in the Act, although the list is not intended to be exhaustive. The Act recognizes the fact that no two relationships are the same. Interestingly, although a conjugal relationship is one factor to be considered, it is not a necessary condition of interdependence.

In addition to what would be considered a common-law spouse, relationships such as two friends who live together over a long period of time, and whose financial affairs become intertwined may qualify. A step-child who remains at home to care for an aging step-parent may also meet the criteria. Anytime two people have a long-standing relationship where their lives and finances do not remain separate, the danger exists they may be AIPs, whether they want to be or not.

One can cease being an AIP by living separate and apart for one year, or by agreement. Marriage, either to the AIP or someone else, also terminates the Interdependent relationship.

Having an AIP can have a major impact on a party's affairs, especially in the area of their Estate. An agreement will invalidate an existing Will. An AIP can make a claim against an Estate, whether there is a Will or not. The uncertainty as to whether the Parties relationship qualifies can lead to litigation where one party has died. Indeed, as one can be required to support an AIP under the Domestic Relations Act, disputes will not be confined to Estate matters.

Most informal relationships evolve over time. Sometimes they end abruptly, but often people simply drift apart. When, and if, a party became an AIP, and if they still remain one, will often be in doubt. It appears likely the Courts will be occupied in answering these questions on numerous occasions. And lawyers, when they are taking instructions regarding an Estate, may be forced to ask some embarrassing questions they would prefer not to in order to ensure the Act is complied with.