HomeMy WebLinkAboutZurich Citizens News, 1978-03-30, Page 20Page 20
Citizens News, March 30, 1978
Jack's
Jott i ri . s
Continued from Page 7
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, entitling
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"
clause — "the obligation to
provide 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 gross
repudiation of . the
relationship." Some
Members, including
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 precding
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 part-
ners.
Finally, support payments
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.
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I,Ib. 29
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