Family Law v. 18.1–Overview, Report for Discussion 18.1

This report presents the criticisms of Family Law (as it stood at the time of publication) that led to the initiation of the Family Law project by the ALRI. Chief among these criticisms: much of Alberta family law is outdated; family Law is split up among several different pieces of legislation; different parts of Alberta family law are not consistent with each other; family law is controlled by numerous different bodies, with no central authority. [...]

By |2022-09-26T13:31:56-06:00October 2nd, 1998|Uncategorized|0 Comments
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Division of Matrimonial Property on Death, Report for Discussion 17

At the time of publication, there was a contradiction in the law of Alberta regarding marital property. If a marriage dissolved, each spouse would be presumed to have contributed equally to the marriage (barring evidence to the contrary), and therefore to be entitled to an even share of the marital property, regardless of the name on title. On the other hand, if one spouse died before the other, he or she would have complete freedom [...]

By |2022-09-26T13:30:15-06:00March 2nd, 1998|Uncategorized|0 Comments
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The Matrimonial Home, Report for Discussion 14

This report discusses potential changes to the Dower Act and the Matrimonial Property Act. The Dower Act was created with the intent of supporting widows after the death of their husbands, by providing them with ownership, for the remainder of their lives, of the matrimonial home. This report investigates ways in which that intended support can be continued, given modern complexities. The report also considers situations in which, after a divorce or separation, a spouse can obtain occupation of the [...]

By |2022-09-26T13:25:35-06:00March 2nd, 1995|Uncategorized|0 Comments
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Matrimonial Property: Division of Pension Benefits upon Marriage Breakdown, Report for Discussion 2

The Attorney General asked the Institute to study the division of pensions in the event of marriage breakdown with a view to proposing statutory guidelines to be used by the Court. This report provides tentative proposals that were followed up and solidified in the final report relating to pension plans registered under the Pension Benefits Act (Alberta), a number of Alberta public sector pension plans, and non-Alberta pension plans under which Alberta law will be applied to [...]

By |2023-01-27T10:56:17-07:00May 2nd, 1985|Uncategorized|0 Comments
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Matrimonial Property: Division of Pension Benefits Upon Marriage Breakdown, Final Report 48

This report recommends amendments to the Matrimonial Property Act to improve the division of the benefits of a pension plan upon marriage breakdown. It covers all pension plans that fall under provincial jurisdiction or that can be reached by Alberta court orders. Recommendations are designed to achieve fairness, minimize the future entanglement of spouses' financial affairs, encourage settlements, minimize financial and emotional costs, and protect the interests of the employers and other employees in pension plans and [...]

By |2023-01-27T10:57:37-07:00August 2nd, 1986|Uncategorized|0 Comments
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The Domestic Relations Act (DRA) – Phase 1. Family Relationships: Obsolete Actions, Final Report 65

With the changes in attitude toward marriage and family that have occurred over past decades many provisions of the Domestic Relations Act have become outmoded. This report recommends the abolition of six obsolete matrimonial actions: restitution of conjugal rights, judicial separation, damages in tort for adultery, enticement or harbouring a spouse; damages in tort for harbouring of a child, damages in contract for breach of a promise of marriage, and jactitation of marriage. This report also recommends [...]

By |2021-01-21T13:03:26-07:00March 29th, 1993|Uncategorized|0 Comments
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Effect of Divorce on Wills, Final Report 72

In Alberta, divorce has no effect on a will made during marriage. If a person has made a will that leaves everything to their spouse, the will is not automatically revoked or otherwise affected by a subsequent divorce. If the person who made the will dies without changing their will or remarrying, everything would go to their former spouse in accordance with the pre-divorce will. In many Canadian and foreign jurisdictions the result would be [...]

By |2020-05-29T14:36:35-06:00November 1st, 1994|Uncategorized|0 Comments
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Reform of the Intestate Succession Act, Final Report 78

The current scheme for intestate succession is patterned after legislation created in 1670. The report aims to reform the Intestate Succession Act in a manner more in line with the modern presumed intention of intestates, which has been gleaned through an examination of various studies. This report recommends that if an intestate died leaving a surviving spouse and issue, and all of the issue were of the surviving spouse, the entire estate should go to the surviving [...]

By |2020-05-29T13:10:20-06:00June 29th, 1999|Uncategorized|0 Comments
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Property Division: Common Law Couples and Adult Interdependent Partners, Final Report 112

The Alberta Law Reform Institute recommends changes to the law for how common-law couples divide property if their relationship breaks down. This Report also recommends changes to the law for married couples who lived together before marriage and for adult interdependent partners who are not common law couples. Why is Law Reform Needed? 2016 Census data indicates that 320,260 Albertans consider themselves to be in common-law relationships. If common-law couples break up and cannot agree how [...]

By |2023-01-27T10:59:53-07:00June 4th, 2018|Project|0 Comments
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