By CHAT News Today

Province aims to update family law

Nov 21, 2018 | 4:37 PM

EDMONTON, AB — The provincial government has tabled a bill aiming at modernizing family law in Alberta.

The Family Statutes Amendment Act (2018) was tabled on Wednesday. The legislation makes amendments to several acts to address couples in common-law relationships, including division of property. It would also clarify in the legislation that applications for child support can be made for all adult children with disabilities, regardless of the marital status of their parents.

“Our legislation would mean the justice system can work more fairly and efficiently for families when they need it – and it would protect some of the most vulnerable Albertans from falling through the cracks,” said Kathleen Ganley, Minister of Justice and Solicitor General, in a news release.

If the bill passes, the provisions would take effect immediately after royal assent.

The proposed legislation would extend property division rules in the Matrimonial Property Act to unmarried couples who qualify as  “adult interdependent partners.” The rules mean property acquired during a relationship would be divided equally if the relationship ends. It would also allow couples to draft their own agreements.

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“Many parties living in common-law relationships in Alberta already think they have the same legal rights as married people – they don’t,” said Laurie Allen, a partner with the Allen Hryniuk Law Firm, in a statement. “If their relationship breaks down, dividing property through litigation is time-consuming and expensive, and outcomes are highly unpredictable. This bill would change that. That’s good news for Albertans and it is good news for the justice system, because it will reduce litigation and ease pressure on our already overextended courts.”

If passed, the act would bring changes to property division into force on Jan. 1, 2020, to allow a public information campaign.

The proposed law would also repeal the Married Women’s Act, which was enacted in 1922, which allowed women to own property and sign contacts. A release notes the Charter of Rights and Freedoms and newer legislation makes the law outdated.