HomeMy WebLinkAboutTimes-Advocate, 1978-03-30, Page 18Times-Advocate, March 30, 1978
Family Act effective tomorrow
household,
recreational,
X
\
g By JACK RIDDELL
11 MPP Huron-Middlesex
The Ontario Legislature
has adjourned for the spring
break. One of the last
developments before ad
journment was the debate
and third reading of the
controversial Bill 59 — “An
Act to Reform the Law
respecting Property Rights
and Support Obligations
between married persons
and in other Family
Relationships”.
This legislation, known as
the Family Law Reform Act,
will go into effect on March
31, 1978. In terms of social
reform, it is considered to be
one of the most significant
pieces of legislation to be
passed in Ontario in the last
fifty years.
This important legislation
is the culmination of a
decade of discussion and
debate on the subject, and
has been before the Ontario
Legislature for the past two
years. In early January of
this year, the Bill was
studied, in the Justice
Committee, clause by
clause, by Members of all
three parties. Some
significant amendments to
the Bill were proposed at
that time.
The family law reform
legislation was designed to
update the traditional legal
concepts governing
matrimonial property and
support obligations, to ac
commodate the various
forms of modern family
life. It recognizes marriage
as a partnership between
two people — no matter who ’
works where and who ac
tually brings home the
paycheque.
“Work” is defined broadly
to include not only work for
which one is paid, but also
the work of the homemaker,
the management of the
household and care of the
children — for which the wife
is not usually paid, but which
is essential to traditional'
family life.
This legislation covers a
broad range of property and
support rights for married
and separated people, as
well as those living in
common-law relationships.
The most significant change
affects the area of marriage
break-down.
The Act proposes that the
family assets system be the
basic system governing
property relations between
husband and wife in Ontario.
Under this system, “family
assets’’ include property
owned by one or both spouses
which is used by the family
for shelter or transportation,
or for ’ ‘ '
educational,
social or aesthetic purposes.
Family assets are owned
separately during the
marriage.
Where there is no
marriage break-down, each
spouse remains free to
acquire, manage and dispose
of property as he/she does
under the present law, ex
cept in the case of the
matrimonial home, where
special provisions apply.
Both spouses are given
rights in the matrimonial
home: either has the right to
seek a court order, for
possession of the
matrimonial home and
contents; neither spouse can
sell or mortgage the home
without the other’s written
consent, regardless of which
of them owns it.
The new law applies only
upon marriage break-down,
and only in the absence of a
marriage contract. Under
the legislation the woman is
considered to be an equal
partner in the marriage
relationship and the “family
assets” which include the
home, furniture, cottage,
boat, car, appliances, etc.
are subject to the rule of
equal division.
This is, of course, subject
to judicial discretion; in
other words, unless the judge
decides it should be other
wise.
Under the new law a
woman can go to court and
demand a share of other
assets — such as business
profits, bonds, stocks, in
vestments, commercial
property, trust funds or
pensions. Court decisions
would be based upon the
circumstances of the case,
whether the woman had
contributed to the financial
success of her husband, or in
the event the family assets
were notconsideredadequate
to give her a fair share.
The key words here are
“contribution to the |
marriage,”as a wife will not
responsibilities, entitling
each spouse to an equal
division of the family assets,
subject to the equitable
considerations set put in sub
sections 4 and 6.”
She proposed also that
"The court may make a
division of any property that
is not a family asset where,
(a) a spouse has
unreasonably impoverished
the family assets; or (b) the
result of a division of the
family assets would be
inequitable in all the cir
cumstances.” The in
corporation of this amend
ment represented an im
portant step forward.
There was bitter debate
over the so-called “support”
clause — “the obligation to
prbvide support for a spouse
exists without regard to the
conduct of either spouse, but
the court may in deter
mining the amount of sup
port have regard to a course
of conduct that is so un
conscionable as to constitute
an obvious and
repudiation of
relationship. ’ ’
Members,
Margaret Campbell, believe
that this clause should be
amended because “judges
function with a double
standard for the sexes”.
The Bill recognizes
common law relationships,
providing for a couple who
have lived together for a
period of five years, in
cluding the year preceding
the relationship’s break
down, (or where a child or
children have resulted from
the union), to have
responsibility for the support
of one another and any
children of the relationship.
In common-law situations,
the rule of equal division of
assets does not apply.
Child care becomes the
“joint responsibility” of both
partners. Parents with
illegitimate, foster, or step
children living under their
roof will be responsible for
their support until they
become 18 years of age. The
new law recognizes
marriage contracts, unless a
judge rules that the contract
necessarily “be awarded “aj 's„u"fair t0 °ne of the Part-
gross
the
Some
including
will provide interest free
loans to a maximum of $1,000
to studentts to set up their
own summer businesses.
Now in its fifth year, Venture
Capital, has progressed from
14 projects in 1973 to 71
projects in the summer of
1977.
Most of last year’s ven
tures were profitable for
their student operators.
Projects ranged from
sealing driveways to
manufacturing and
marketing soaps.
Students seeking to launch
a Venture Capital project
work closely with members
of the Ontario Chamber of
Commerce. Local par
ticipating chambers screen
applications, suggest im
provements and approve
those which contain the
fundamental ingredients of
success. When the student’s
proposal is accepted he or
she must agree to follow
certain standard business
procedures, make regular
reports and repay the loan
within a specified period of
time.
The^loyal Bank provides
financial advice and interest
free bridge loans to students
who are eager to begin
before the government
financing is available.
Projects may begin as early
as April 1. A financial liaison
officer from the Royal Bank
and the Ministry’s Venture
Capital Program Manager,
visit projects during the
summer to provide students
with assistance and
guidance.
Venture Capital is one of
the 78 component of the
Ontario government’s $16.1
million Experience ’78
program administered by
the Ontario Youth
Secretariat. Application
forms for Venture Capital
are available now and may
be obtained by contacting:
Lori Mark, Program
Manager, Venture Capital
’78, Ministry of Colleges &
Universities, 6th Floor,
Mowat Block, Queen’s Park,
Toronto, Ontario, M7A 1B9.
Telephone: (416 ) 965-4530.
By MRS. THOMAS HERN
Zion West United Church
held their Easter service
Sunday morning observing
communion during the*
service with Rev. James
Somerville London as
guest minister assisted by
the student supply,, Terry
Somerville. Mrs. Lorne Hern
favored With a solo, ac-...
companied by Yvonne
Jaques.
Mr. & Mrs. Lome Hern
and Lynne were Sunday
dinner guests with Mr. &
Mrs. Cliff Webber and
Hilary, Stratford.
Mr. & Mrs. John Wuerth,
London were week-end
visitors with Mr. & Mrs. Bob
Hern, Fred and Robbie.
------------
Benefit Fund
for
Jim Rumball
& Family
Recent Fire Victims
Sponsored by
Dashwood Men's Club
Donations kindly
accepted at
Bank of Montreal,
Dashwood.
*
*
*
*
aiscowirMW<
TOP BOWLER — Brenda Bell of Exeter was the top bowler at a bowling tournament held at
the Grand Bend bowling centre. Presenting a medallion to the Exeter bowler is Sandi
Brewer. j-A photo j
High flyin'
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share of business and other
assets.
Liberal Margaret Camp
bell proposed a significant
amendment to the Act,
which was passed by a
majority of the House. Her
amendment recognized that
“child care, household
management and financial
provisions are the joint
responsibilities of the
spouses and that inherent in
the marital relationship
there is joint contribution,
whether financial or
otherwise, by the spouses to
the assumption of these
Finally, support payments I
will no longer be allowed to’
be continued for an in
definite period, and it will be
incumbent upon the spouse
to support a dependent wife
or husband only until he or
she can find suitable em
ployment.
Venture Capital, an
Experience 78 program
sponsored and administered
by the Ontario Ministry of
Colleges and Universities in
co-operation with the
Ontario Chamber of Com
merce and the Royal Bank,
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