Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles
Authors

Spousal support in Canada

Sep 29, 2018, 17:07 PM
Slug : spousal-support-in-canada
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 31, 2007, 04:22 AM
Article ID : 86809

Berend Hovius, Professor of Law, University of Western Ontario, London, Canada. There have been significant developments in the law relating to spousal support in Canada over the last few decades and spousal support has become an issue of practical significance on marriage breakdown. While a 'clean break model' of spousal support predominated in the mid-1980s, the current trend is to recognise an expansive basis for entitlement and, provided that there is an ability to pay on the part of the respondent, to award a claiming spouse a substantial amount for an indefinite period. This reformation has been driven largely by a concern to fairly compensate wives for the economic disadvantages flowing from the roles adopted during the marriage relationship and to alleviate the economic dislocation resulting from marriage breakdown. Interestingly, the truly dramatic shift has occurred without legislative reform. Rather, the courts, led by the Supreme Court of Canada, have infused new life into the existing statutory provisions dealing with spousal support.

In this article, Berend Hovius explains the constitutional and legislative framework behind spousal support law, and the role of the federal system in Canada. The federal Divorce Act recognises diverse objectives and various relevant factors, but provides only limited guidance. By encouraging flexibility, it allows courts to respond to the particular circumstances of each married couple. However, this preservation of extensive judicial discretion also means that there is no legislatively articulated, overriding principle underpinning spousal support. The task of providing some coherence to the recipe of objectives and factors within the Act has essentially been left to the courts, particularly the Supreme Court. For the full article, see September [2007] International Family Law.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from