Citation

Annu. Rev. Popul. Law 1989; 16: 63.

Copyright

(Copyright © 1989, Harvard Law School Library)

DOI

unavailable

PMID

12344489

Abstract

Major provisions of this Newfoundland, Canada Act relating to the matrimonial home, matrimonial assets, family support, domestic contracts, and domestic violence are as follows: 1) notwithstanding the manner in which the matrimonial home is held, each spouse has a 1/2 interest in the home and has the same right to use, possession, and management as the other spouse; 2) no spouse may dispose of or mortgage an interest in the matrimonial home unless that spouse obtains the consent of the other spouse, the other spouse has released his or her rights to the home by means of a separation agreement or marriage contract, or a court has authorized such a disposition of the home; 3) child care, household management, and financial support are joint responsibilities of the spouses and the joint contribution by each of the spouses entitles each spouse to an equal division of matrimonial assets acquired during the marriage; 4) a court may make an unequal division of matrimonial assets if it determines that an equal division would be grossly unjust or unconscionable; 5) when making a division of assets, a court shall not take into account the allegation of misconduct on the part of either spouse; 6) every spouse has an obligation to support himself or herself and the other spouse and minor and unmarried children, in accordance with need, to the extent that he or she is capable of doing so; 7) upon application, a court may determine support and may review, vary, and discharge support orders when there has been a material change in circumstances, when a party has not taken sufficient steps to improve self-sufficiency, when a spouse has entered into a course of conduct so unconscionable as to constitute a gross repudiation of the relationship, or when new evidence has become available; 8) a man and woman who intend to marry or have married each other or are cohabiting or intend to cohabit may enter into agreements with respect to their rights and responsibilities during marriage or cohabitation and after separation, dissolution of marriage, or death; 9) such agreements must be in writing, signed by the parties, and witnessed; 10) a court may disregard the provisions of such an agreement with respect to a child when it is in the best interest of the child to do so; and 11) a court is authorized to make an order restraining a spouse from molesting, annoying, harassing, or communicating with the other spouse or the children in custody of the other spouse.

Language: en