With the changes in attitude toward marriage and family that have occurred over past decades many provisions of the Domestic Relations Act have become outmoded. This report recommends the abolition of six obsolete matrimonial actions: restitution of conjugal rights, judicial separation, damages in tort for adultery, enticement or harbouring a spouse; damages in tort for harbouring of a child, damages in contract for breach of a promise of marriage, and jactitation of marriage. This report also recommends that the disposition of gifts made in contemplation of marriage and the ownership of gifts between engaged persons would be determined under the law that applies to gifts made in ordinary circumstances, and that the fault of the donor in termination the engagement would not be considered in the return or forfeiture of the gifts. This report considers, but makes no recommendation regarding, declarations of marital or parental status, as the Alberta law is functioning satisfactorily. The Alberta law was modernized in 1991 by the addition of Part 8 of the Domestic Relations Act, which was based on the detailed recommendations contained in our report on Status of Children, revised and issued as Report No. 60 in March 1991.
Final Report
Back to Publication SearchThe Domestic Relations Act (DRA) – Phase 1. Family Relationships: Obsolete Actions, Final Report 65
Resource Details
Publication No: | 65 |
FORMAT: | Publications |
TAGS: | domestic, obsolete, restitution, relationship, action, family, marriage |
FILE: | fr065.pdf |