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Statutes of Newfoundland 2000


Statutes of Newfoundland 2000 Chapter 29

CHAPTER 29

AN ACT TO AMEND THE FAMILY LAW ACT

(Assented to December 14, 2000)

Analysis

1. S.35 Amdt.
Definitions

2. S.36 R&S
Obligation of spouse or partner for support

3. S.37.1 Amdt.
Priority to child support

4. S.39 Amdt.
Order for support

5. S.40 Amdt.
Powers of court

6. S.47 Amdt.
Review and variation of orders

7. S.60 R&S
Limitation

8. S.63 Amdt.
Cohabitation agreements

9. S.64 R&S
Separation agreements

10. S.65 Amdt.
Form of contract

11. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cF-2
as amended

1. Paragraph 35(c) of the Family Law Act is repealed and the following substituted:

(c) "partner" means either of 2 persons who have cohabited in a conjugal relationship outside of marriage

(i) for a period of at least 2 years, or

(ii) for a period of at least one year, where they are, together, the biological or adoptive parents of a child.

 

2. Section 36 of the Act is repealed and the following substituted:

Obligation of spouse or partner for support

36. Every spouse and partner has an obligation to provide support for himself or herself and for the other spouse or partner, in accordance with need, to the extent that he or she is capable of doing so.

 

3. Subsection 37.1(4) of the Act is amended by adding immediately after the word "spouse" the words "or partner".

 

4. (1) Subsection 39(3) of the Act is amended by adding immediately after the word "spouse" the words "or partner".

(2) Subsection 39(4) of the Act is repealed and the following substituted:

(4) Where a dependant who is a spouse or partner, or his or her dependant child, is receiving a benefit under the Social Assistance Act, the minister responsible for the administration of that Act may make an application for an order for the support of a dependant.

(3) Subsection 39(8) of the Act is repealed and the following substituted:

(8) An order for the support of a spouse or partner shall

(a) recognize the contribution of the spouse or partner to the relationship and the economic consequences of the relationship for the spouse or partner;

(b) share the burden of child support in accordance with section 37;

(c) make fair provision to assist the spouse or partner to become able to contribute to his or her own support; and

(d) relieve financial hardship,

to the extent this has not been done by orders under Parts I and II.

(4) Paragraphs 39(9)(l), (m), (n) and (o) of the Act are repealed and the following substituted:

(l) where the dependant is a spouse or partner, the effect on his or her earning capacity of the responsibilities assumed during cohabitation;

(m) where the dependant is a spouse or partner, whether the dependant has undertaken the care of a child who is of the age of majority and unable by reason of illness, disability or other cause to withdraw from the charge of his or her parents;

(n) where the dependant is a spouse or partner, whether the dependant has undertaken to assist in the continuation of a program of education for a child who is of the age of majority and unable for that reason to withdraw from the charge of his or her parents;

(o) where the dependant is a spouse or partner, housekeeping, child care or other domestic service performed by the dependant for the family; and

(5) Subsection 39(10) of the Act is repealed and the following substituted:

(10) The obligation to provide support for a spouse or partner exists without regard to the conduct of either spouse or partner, 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 obvious and gross repudiation of the relationship.

 

5. (1) Paragraph 40(1)(d) of the Act is repealed and the following substituted:

(d) where other provision for shelter is inadequate or where it is in the best interest of a child to do so, that a spouse or partner has a right to possession of a residence to which the other spouse or partner is entitled, upon the terms and for the period that the court considers appropriate;

(2) Paragraphs 40(1)(j), (k) and (l) of the Act are repealed and the following substituted:

(j) that a spouse or partner who is an insured within the meaning of the Life Insurance Act assign a policy of life insurance, where it is not otherwise assigned, to the other spouse or partner;

(k) that a spouse or partner who is an insured within the meaning of the Life Insurance Act designate the other spouse or partner or a child as the beneficiary irrevocably;

(l) that a spouse or partner pay premiums on an insurance policy which provides protection for the other spouse or partner or a child; and

(3) Subsection 40(2) of the Act is repealed and the following substituted:

(2) In an application under section 39, the court may make an interim or final order requiring that a spouse or partner who has an interest in a pension plan or other benefit plan designate the other spouse or partner or a child as a beneficiary under the plan and not change that designation.

 

6. Subsection 47(1)(g) of the Act is amended by adding immediately after the word "spouse" the words "or partner".

 

7. Section 60 of the Act is repealed and the following substituted:

Limitation

60. (1) No action or application for an order for the support of a spouse or partner shall first be brought under this Part after 2 years from the day the spouses or partners separate.

(2) Where the spouses or partners provided for support on separation in a domestic contract, subsection (1) does not apply and no action or application for an order for the support of a spouse or partner shall be brought after default under the contract has subsisted for 2 years.

 

8. (1) Subsection 63(1) of the Act is repealed and the following substituted:

Cohabitation agreements

63. (1) Two persons who are cohabiting or intend to cohabit in a conjugal relationship and who are not married to each other may enter into an agreement in which they agree on their respective rights and obligations during cohabitation, or on ceasing to cohabit or on death, including

(a) ownership in or division of property;

(b) support obligations;

(c) the right to direct the education and moral training of their children, but not the right to custody of or access to their children; and

(d) other matters in the settlement of their affairs.

(2) Subsection 63(3) of the Act is amended by striking out the words "man and woman" and substituting the word "parties".

 

9. Section 64 of the Act is repealed and the following substituted:

Separation agreements

64. Two persons who have cohabited in a conjugal relationship outside of marriage and are living separate and apart may enter into an agreement in which they agree on their respective rights and obligations, including

(a) ownership in or division of property;

(b) support obligations;

(c) the right to direct the education and moral training of their children;

(d) the right to custody of and access to their children;

(e) the apportionment of their liability for debts; and

(f) other matters in the settlement of their affairs.

 

10. (1) Subsection 65(3) of the Act is amended by adding immediately after the word "spouse" the words "or a party to the contract".

(2) Subsection 65(4) of the Act is amended by adding immediately after the word "person" the words "or a party to the domestic contract".

Commencement

11. Sections 1 to 7 of this Act shall come into force on July 1, 2001.

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