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Section 16 of the Matrimonial Property Act, Final Report 57


Section 16 of the Matrimonial Property Act, RSA 1980, c M-9, stated that the rights of a person who started a property action against a spouse did not survive that person’s death, and thus the action could not be continued by his or her estate. This was based on the legal policy that matrimonial property should be available for the use of a surviving spouse. This report notes that, in practice, this section led to […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE fr057.pdf
ENACTMENT

Miscellaneous Statutes Amendment Act, 1991, SA 1991, c 21, s 24 amending the Matrimonial Property Act (now RSA 2000, c M-8, s 16).

March 1, 1990

Survey of Adult Living Arrangements: A Technical Report, Research Paper 15


This paper is a survey of issues related to couples living together outside of marriage. It addresses the attitudes of non-maritally cohabitants toward relevant legal issues, the reasons that the couples chose to nonmaritally cohabitate, and the reasons that they chose to continue living that way. The survey also addresses the socio-economic characteristics of non-married and married cohabitants, as well as the characteristics of their family life.

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.15.pdf

November 3, 1984

Conference Materials, International Invitational Conference on Matrimonial and Child Support, 27-30 May 1981, Research Paper 14


This report is a summary of a conference held to discuss the results of Research Paper #13, Matrimonial Support Failures: Reasons, Profiles and Perceptions of Individuals Involved. The report includes four speeches given at that conference, viz.: “Paying of Maintenance in Sweden,” by Anders Agell; “Matrimonial Support Failures: Reasons, Profiles, and Perceptions of Individuals Involved, a Commentary,” by Judith Cassetty; “Maintenance in Britain,” by Colin Gibson; and “The Economics of Divorce: Social and Economic Consequences […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Other
FILE RPNo.14.pdf

October 3, 1982

Matrimonial Support Failures: Reasons, Profiles and Perceptions of Individuals Involved: Volume 1 Summary Report, Volume 2 Technical Reports, Research Paper 13


This report was created in order to aid the reform of the matrimonial and child support system in Alberta. Before its publication, there was little data regarding the reasons for failure in the (then) extant system. The report analyzes data from the Supreme Court (now Court of Queen’s Bench) in Edmonton and Calgary, the Family Courts in Edmonton, Calgary, Lethbridge, and Grande Prairie, door-to-door surveys of those involved with maintenance orders, and a study of […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.13.pdf

March 3, 1981

Administration of Family Law: The Unified Family Court: Constitutional Opinions, Research Paper 11


This paper comprises opinions by Professor W.R. Lederman, Q.C., and Professor P.N. McDonald, on the constitutional validity (at the time of publication) of a unified family court in Alberta, including both federally appointed and provincially appointed judges (i.e. judges appointed by the Governor General in Council and the Lieutenant Governor in Council). Professor McDonald’s opinion is actually comprised of a number of smaller opinions written in 1976 and 1977, which include responses to some other […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.11.pdf

May 4, 1978

Family Law Administration: the Unified Family Court, Final Report 25


This report was created to make specific recommendations towards the creation of a family law section of the Trial Division of the Supreme Court of Alberta. This report does not contain draft legislation for a unified family court and deals only with the structure of the court itself. Court services are addressed in Report No. 26, Family Law Administration: Court Services. The report canvasses developments in other provinces, and discusses why there is a need […]

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FORMAT Publications
FILE fr025.pdf

April 1, 1978

Matrimonial Support, Final Report 27


This report addresses the law of financial support between husband and wife insofar as it falls under the legislative jurisdiction of the province. The report contains a draft of the proposed Act, which would give effect to the institute’s recommendations. The report covers the substantive law that establishes and regulates the support obligation between husband and wife. It reviews the process by which the existence of the obligation is established and quantified in a particular […]

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FORMAT Publications
FILE fr027.pdf
ENACTMENT

The Domestic Relations Amendment Act, 1977, SA 1977, c 64 (now Maintenance Enforcement Act, RSA 2000, c M-1), establishing a collection service for support orders which is generally consistent with though different in detail from our recommendations, and providing improved collection procedures which are similar to but in several particulars more stringent than our proposals); The Social Development Amendment Act, 1977 (No. 2), SA 1977, c 92 (now Social Development Act, RSA 2000, c S-12, ss .14, 15); The Consumer and Corporate Affairs Statutes Amendment Act, 1978, SA 1978, c 49, s 2 amending the Debtors’ Assistance Act (now RSA 2000, c D-6, ss 3(2), 3(3), 4(e)-(f), (6)). (Our proposals for change in the substantive law have not yet been implemented.)

March 1, 1978

Status of Children, Final Report 13


The law distinguishes between persons born in wedlock and persons born out of wedlock. The distinctions are to the disadvantage of persons born out of wedlock, and that disadvantage should be removed. Insofar as it is practicable and beneficial to do so, this report places places the child born out of wedlock in as good a legal position as the child born in wedlock. In order to give effect to the principle of equal treatment […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr013.pdf
ENACTMENT

Substantially enacted, pursuant to the recommendations in Report 60 by the Family and Domestic Relations Statutes Amendment Acta, 1991, SA 1991, c 11 amending the Domestic Relations Act (now RSA 2000, c D-14, ss 50(1), 77-84); the Family Relief Act (now RSA 2000, c F-4, s 1(b)); and the Intestate Succession Act (now RSA 2000, c I-10, s 1(b)).

June 1, 1976

Matrimonial Property, Final Report 18


This is an extensive and large report regarding the feasibility of legislation that, upon dissolution of marriage, would give each spouse the right to an equal share in the assets accumulated during the marriage other than by gift or inheritance from outside sources. Three major proposals for change are judicial discretion, community of property, and deferred sharing. This report analyzes the committee’s majority and minority views on these proposals. Regarding judicial discretion, the law could […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr018.pdf
ENACTMENT

Matrimonial Property Act, SA 1978, c 22 (now RSA 2000, c M-8), enacting a combination of the majority and minority proposals for the distribution of matrimonial property, and an extension of the recommendations on possession of the matrimonial home.

August 1, 1975

Illegitimacy, Research Paper 10


At the time of publication, there was legal differentiation within Alberta based on a child’s “legitimacy” or lack thereof; in other words, whether the child was “the offspring of [a] stable union” or not. This paper assesses the law relating to the determination of “legitimacy” (at the time of publication), the effect legitimacy had on one’s legal standing in various situations, and possible approaches to reform with an eye to reducing the distinction between “legitimate” […]

AREA OF LAW Children Family Law
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FORMAT Publications
FILE RPNo.10-1.pdf

June 4, 1974