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HomeMy WebLinkAboutClinton News-Record, 1978-03-30, Page 16PAGE 16—CLINTON NEWS -RECORD, THURSDAY, MARCH 30, 1978 Jottings from Queens Park —by Jack Riddell 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, knpwn as the Family Law Reform Act, will go into effect on March 31st, 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 actually 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 household, educational, recreational, 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, except 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 irr 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 otherwise. 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 not considered adequate to give her a fair share. The key words here are "con- tribution to the marriage", as a wife will not necessarily be awarded a share of business and other assets. Liberal Margaret Campbell proposed a significant amendment to the Act, which was passed by .a majority of the House. Her amendment recognized that "child care, hdusehold 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 responsibilities, en- titling each spouse to an equal division of the family assets, subject to the equitable considerations set out 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" Kippen news by Rena Caldwell The Kippen East Women's Institute entertained the residents of the Bluewater Rest Home Zurich on March 21 to cake and ice cream and a short program. Helping with the program were Ej-ank Forrest, Hensall on the violin with Mrs. Ross Broadfoot accompanist. Misses Melanie Lovell and Mary Drysdale sang with ukulele accompaniment and Janet Hoggarth on the piano A and a vocal duet by Mrs. R. Bell and Mrs. Al Hoggarth. Personals Mr. and Mrs. Stanley Jackson have returned after spending the winter in Arizona, Florida. Mr. and Mrs. W. J. F. Bell have returned from a winter holiday in Florida. Mr. and Mrs. Jack Brown and Wayne, Gorrie visited with Mr. and Mrs. W. L. Mellis recently. ROYAL HOMES - Built to suit your requirements - Built with quality materials - Built complete - including electrical, plumbing, carpets, cabinets. interior and, exterior finish. - Built with a guarantee that counts. - Built at an affordable 00e. - Built on the lot of your choice "Inquire Today About "THE QUALITY ROYAL HOME" CALL (519) 357-2444 See our model home at the plant in Wingham, or write for free brochures. • -Mail to: ROYAL Homes LTD. BOX 370, WINGHAM, ONTARIO. Name Address Town Telephone I Have A Lot: Yes No Location 111111111.1.11111.111111111111111111111111111111111111111.11111 clause - "the obligation to provide support for a spouse exists without regard to the conduct of either spouse, but the court may in determining the amount of support have regard to a course of conduct that is so unconscionable as to constitute an qbvious and gross repudiation of the relationship." Some Mem- bers, including Margaret Campbell, believe that this clause should be amended because "judges function with a double standard for the sexes". The Bill recognizes com- mon law relationships, providing for a couple who have lived together for a period of five years, including 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 is unfair to one of the partners. Finally, support payments will no longer be allowed to be continued for an indefinite period, and it will be in- cumbent upon the spouse to support a dependent wife or husband only until he or she can find suitable em- ployment. Venture Experience Capital, an 78 program sponsored and administered by the Ontario Ministry of Colleges and Universities in co-operation with the Ontario Chamber of Commerce and the Royal Bank, will provide interest free loans to a isc7@ High yin' maximum of $1,000 to students 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 ventures 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 Commerce ticipating applications, C L h 0 am c a chambers sugges ber pa of r - screen im- t RC.H SALE ! 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 Royal 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. Applications 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. /000 ENDS THIS WEEK AT CLOSING TIME SATURDAY APRIL 1st The sky's Vue lirnit on riZI.l rte•,71 ' Ve ire NvieZi a/... i Nyiyt10`,9-41tw' by Armstrong The Hard Surface Flooring For Your Kitchen 2rj5H -_) NO -WAX CUSHIONED VINYL FLOORING it You Can Install It Yourself ... And Save So Many Famous Makes!. PER SQUARE YARD. AVAILABLE IN DIFFERENT DESIGNS Per Square Yard Here's an opportunity to buy famous Sun- dial at a really worthwhile savings. Not all • colors available at all branches. IN TIGER LILY, WHITE CAP, FROST, CITRUS. BLUE BELL, TERRE VERT Rubber backed so there's no need for an ad- ditional underpad. Because it's 100% nylon, it wears for years. Not all colors available at all branches. 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