Newly-introduced legislation aimed at modernizing family law in Alberta is both welcome and long overdue.
As legislation impacting residents in large and small communities alike, family law needs to be kept up to date, particularly for the protection and safety of children.
If passed, the Family Statutes Amendment Act, 2018 would make it easier for unmarried partners to divide property in the event a relationship breaks down. It would also clarify that applications for child support can be made for all adult children with disabilities, regardless of the marital status of their parents.
As well, the legislation would repeal the now-obsolete Married Women’s Act, which was enacted in 1922 and originally created to allow women to own property and sign contracts.
For her part, Kathleen Ganley, minister of justice and solicitor general, says the changes are a matter of improving justice for all family members, regardless of their particular circumstances or status.
“A relationship breakup can be one of the most difficult times in a person’s life,” said Ganley. “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.”
The legislation would bring changes to property division into effect on Jan. 1, 2020. Before that time, a public awareness campaign would be undertaken to inform residents of the changes and their impacts.
Frank Friesacher, president of the Canadian Bar Association’s Alberta Branch, says the legislation “creates predictable rules to increase clarity, thereby being a significant advance towards improving access to justice.
“The association has long expressed concern about the legislative gap in Alberta relating to the distribution of property when unmarried couples separate. While court remedies have been available, the process and results can be inconsistent and complicated, with increased conflict and cost for the parties.”
The planned modernization of Alberta’s family law is a good and needed step for the community at large. Hopefully MLAs will move this legislation forward without undue delay.
- Singleton is the Mountain View Gazette editor
