Did the Matrimonial Property Act Become the Family Property Act in Alberta?
This answer covers the law of Alberta.
Yes. The Matrimonial Property Act was renamed the Family Property Act, and the changes took effect January 1, 2020. The Act now applies to adult interdependent partners as well as married spouses.
Older advice may still apply in some cases. Spouses who were divorced, or who were living separate and apart, before January 1, 2020 stay under the old Act, except that sections 15 and 18 of the new Act apply if the event or separation was on or after February 1, 2012. Proceedings begun under the old Act may move to the new Act with the parties' consent. For adult interdependent partners, the Act applies only if they had not begun living separate and apart, and had not become former partners, before January 1, 2020. Property division agreements that were enforceable when signed remain enforceable.
An adult interdependent partner is generally someone who has lived with another person in a relationship of interdependence for at least 3 years, with shorter periods counting in some cases. Which version of the law applies to you depends on your dates, so it is worth confirming with a lawyer.
Key takeaways
- The Matrimonial Property Act was renamed the Family Property Act, and the changes took effect January 1, 2020.
- The Act now applies to adult interdependent partners as well as married spouses.
- Spouses who were divorced or living separate and apart before January 1, 2020 generally stay under the old Act.
- Property division agreements that were enforceable when signed remain enforceable after the change.