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2017 Alberta Cohabitation Survey Results


In conjunction with its project on property division for common law couples and adult interdependent partners, ALRI partnered with the Population Research Lab at the University of Alberta to carry out a survey of Albertans’ attitudes and expectations towards cohabitation and property division. The survey resulted in 1,200 responses and helped guide the recommendations in Report for Discussion 30 – Property Division for Common Law Couples and Adult Interdependent Partners. Donna Fong, Rosanna Shih, and Dr. […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Other
FILE AB_cohab_survey_results.pdf

September 8, 2017

Matrimonial Property Act: Valuation Date, Report for Discussion 25


The Matrimonial Property Act was enacted in 1978 and provides a method of sharing matrimonial property between spouses on marriage breakdown. What property is available for sharing and how is it valued? Since 2005, the law applied by the courts is that the property must be valued at trial. In reviewing Alberta cases since 2009, this date is problematic. It is an uncertain future date, assumes spouses will litigate to trial, and discourages earlier party driven settlements. […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RFD25_hyperlinks.pdf

November 2, 2014

Recognition of Rights and Obligations in Same Sex Relationships, Research Paper 21


In 1999, in M. v. H. (1999), 171 DLR (4th) 577 (SCC), the Supreme Court of Canada determined that any legislation which provided access to court-enforced spousal support rights to opposite-sex unmarried couples, while denying that access to equivalent same-sex couples, was unconstitutional (in that it violated s 15(1) of the Charter and was not saved by s 1) This paper surveys Alberta legislation current to the time of publication, and determines there are several points on inconsistency between […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.21.pdf

January 3, 2002

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 […]

AREA OF LAW Wills and Succession Family Law Marriage & Divorce
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FORMAT Publications
FILE fr078.pdf

June 29, 1999

Family Law v. 18.4–Child Guardianship, Custody and Access, Report for Discussion 18.4


As addressed in the other reports in this series, Alberta law relating to the care of children (at the time of this report’s publication) included a variety of statutory provisions that were out-dated, inconsistent, and/or had uncertain scope. For this reason, this report begins from a “clean slate” in trying to define (i) child guardianship, (ii) custody, and (iii) access, and to determine how these issues can be decided in order to protect the best […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd18.4.pdf

October 2, 1998

Family Law v. 18.3–Child Support, Report for Discussion 18.3


This report was written to address five concerns about child support law at the time of its publication, viz.: the inadequacy of child support awarded; inconsistency of award between similar families; inefficiency in assessment; inequality based on “legitimacy” of birth; and unaddressed complexities based on the inter-relation between spousal support, custody of children, and child support. This report expounds recommendations for a new approach to child support, which is meant to foster equality for all […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd18.3.pdf

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. […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd18.1.pdf

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 […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd17.pdf

March 2, 1998

Division of Pension Benefits Upon Marriage Breakdown


This report is to review the recommendations that were made in Report 48, Matrimonial Property: Division Benefits upon Marriage Breakdown, to see whether and how it should be revised. Report 48 made recommendations for changes in the law to make the division process fairer, more efficient and less costly, and to protect the interests of all concerned, including spouses, other beneficiaries, employers and plan administrators. This memorandum consists of a series of questions which are […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE cm1.pdf

September 4, 1995

Division of Pension Benefits Upon Marriage Breakdown


This report is to review the recommendations that were made in Report 48, Matrimonial Property: Division Benefits upon Marriage Breakdown, to see whether and how it should be revised. Report 48 made recommendations for changes in the law to make the division process fairer, more efficient and less costly, and to protect the interests of all concerned, including spouses, other beneficiaries, employers and plan administrators. This memorandum consists of a series of questions which are […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE cm001.pdf

September 1, 1995