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Matrimonial Property Act: Valuation Date, Final Report 107

Currently, Alberta’s Matrimonial Property Act [MPA] requires matrimonial property to be valued at the date of trial. This is in direct opposition to many other matrimonial property statutes across Canada, which have opted to use the date of separation as the default valuation date. An Alberta case law review indicates that valuation date is one of the most problematic areas under the MPA, with valuation at trial reducing the chances of settlement and leading to […]

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FORMAT Publications
FILE FR107.pdf

September 1, 2015

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

The Matrimonial Property Act: A Case Law Review

The Alberta Law Reform Institute proposed the legislation that became the Matrimonial Property Act (MPA) more than 30 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 […]

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FORMAT Publications
FILE RP-MPA-Case-Law.pdf

October 8, 2010