Family Law Reform Act 1978

The Ontario Family Law Reform Act 1978 was one of a series of family law reforms passed in the late 1970s and early 1980s. The acts redefined spousal property rights throughout Canada.

Murdoch v. Murdoch

• In 1973, Canada's Supreme Court denied Mrs. Murdoch partial ownership of the family's ranch property. Even though she had testified to being the primary caretaker of the ranch for a significant portion of the year, the court held that she was merely fulfilling the normal duties of a ranch wife. This denial of spousal rights triggered a wave of family law reform across Canada. Ontario's law was one of the first acts passed, and served as a guide for other provinces.

Contracts

• The act defined five types of marriage contract: separation agreements, marriage contracts, cohabitation agreements, paternity agreements and family arbitration agreements. Together these contracts and their regulations codified the rights and responsibilities of spouses entering into a marriage.

Distribution

• Most importantly, the act stated that all property acquired while married was to be equitably distributed between the parties. This is the fundamental property settlement principal still in use today.