Law Reform Commission of Saskatchewan
The Matrimonial Property Act, though a significant improvement over foregoing legislation, retains some flaws. The Commission recommends that the Act be amended to correct these flaws and to better reflect current ideas of marriage as a partnership.
There are still examples of discrimination on the basis of marital status within Saskatchewan statutes. Married women are presumed dependent on their husbands in many provincial laws enacted in the early 1900s. Reform is needed to abolish this assumption.
This Report makes proposals that are predicated on the idea that marriage is a partnership of equals in which contributions are made by both the husband and wife. Contributions will vary between cases and over time. Consequently, the distribution of property requires a combination of certainty and flexibility.
This Working Paper outlines a variety of approaches to remedying the unfairness in matrimonial property law. The present law of matrimonial property is unfair as it does not allow recognition of the wife’s role. In response to this out-dated and complex law, the Commission outlines a variety of approaches that have been recommended or implemented in other jurisdictions. Approaches can be classified as discretionary, fixed, composite or patch-up.
Over the last decade, there has been an increased awareness of the rights of women. The law does not adequately address these issues. This minor paper is the first of three on the division of matrimonial property. The Commission discusses current law in Saskatchewan and its problems.