Province to Repeal Outdated Legislation

Government plans to repeal six pieces of outdated legislation with legislation introduced today, April 20.

The Matrimonial Statutes Repeal Act will repeal:

• Alimony Act
• Married Women's Deeds Act
• Married Women's Property Act
• Court for Divorce and Matrimonial Causes Act (Numbers 1, 2, and 3)

"We have reviewed our family laws and these are clearly outdated and unnecessary," said Justice Minister Ross Landry. "Nova Scotia families want modern and efficient family laws to ensure that our justice system meets their needs."

The legislation to be repealed has been superseded by other legislation or common law has changed.

For example:

• The Married Women's Property Act and Married Women's Deeds Act allow a married woman to solely own property or enter into contracts just like an unmarried woman could. Common law has evolved to make this unnecessary.
• The Alimony Act was superseded by the federal Divorce Act in 1968.
• Court for Divorce and Matrimonial Causes Act establishes divorce courts and dates back to 1864. It was superseded in 1972.

Repealing such legislation is part of a multi-year effort by the Department of Justice to improve and modernize the province's family laws. A public consultation was held in fall 2011 to seek input on the potential appeal of these laws.