Inventory of Reforms
The Family Property Act (previously the Matrimonial Property Act)
Year:
2020
Description:
The Alberta Law Reform Institute proposed the legislation that became the Matrimonial Property Act (MPA) more than 40 years ago and there has been no substantive amendment to the MPA since then. ALRI has received suggestions that the legislation is in need of revision but there was little consensus as to which areas were in need of review. In order to advance the research, ALRI financed the work of Annie Voss-Altman, a student at the Faculty of Law, University of Calgary, under the supervision of Professor Jonnette Watson Hamilton. It was hoped that their 10 year review of judicial decisions would identify any areas where reform would clarify policy or resolve problematic issues. ALRI’s Director reviewed the initial sample cases and the categories contained in the database.
The Matrimonial Property Act was renamed the Family Property Act as of January 1, 2020. The legislation was amended to include “adult interdependent partners”. The Family Property Act governs the distribution of property when adult property when married spouses are separating or divorcing, and when interdependent partners are ending their adult interdependent relationship.
Development:
The Matrimonial Property Act was renamed the Family Property Act as of January 1, 2020. The legislation was amended to include “adult interdependent partners”.
Status:
Completed
Jurisdiction:
Alberta
Body Responsible:
Alberta Law Reform Institute
Publications:
Family Property Act, RSA 2000, c F-4.7
Family law changes
Matrimonial Property Act: A Case Law Review
Is it Time to Update the Matrimonial Property Act?
Jonnette Watson Hamilton and Annie Voss-Altman The Matrimonial Property Act: A Case Law Review – Alberta Law Reform Institute
Purpose:
The Family Property Act governs the distribution of property when married spouses are separating or divorcing, and when adult interdependent partners are ending their adult interdependent relationship. « Under section 39(2) of this act, the Matrimonial Property Act (as it read on December 31, 2019) governs the distribution of property for married spouses who separated or divorced before January 1, 2020, unless these spouses agree to have the Family Property Act apply to them. »
The purpose of the case law review was to identify the most frequently raised and the most troublesome issues that the courts dealt with in order to determine whether revisions to the MPA might be necessary. In addition, we identified rules and presumptions that have been used by the courts to supplement the MPA as their existence might point to gaps in the legislation.
Criteria and Methods of Evaluation:
- The case law summary was created on 2012-07-11
- It was reviewed to ensure accuracy on 2012-07-11
Results of Case Law Review:
« We have prioritized what we see as the six major issues, but we also mention seven other issues. Issues are classified as “major” when they arise frequently, have multiple sub-issues, and have no obvious or easy solutions. We put the other issues in a separate category when their resolution appears to be easier, or a matter for the federal government, or already under investigation by a law reform organization, or fewer people appear to be affected. »
Revision History:
This summary was last reviewed on June 13, 2024