Preface

• Author: Julien D. Payne/Marilyn A. Payne
• Pages: 23-26

PREFACE

Familylawisachanginganddynamicf‌ield. Inthetwenty-f‌irstcentury,

Canadian families will encounter new challenges. Marriage and the fam-

ily are no longer sy nonymous. e traditiona l nuclear family of t he s,

withitsbreadwinninghusband,homemakingwife,andtheirtwoormore

children, is a minority group. Two-income families, with or without chil-

dren, high d ivorce and remarri age rates, and the i ncreasing incidence of

unmarried cohabitation, whether involving opposite or same-sex couples,

havefosterednew family structuresand radicallegal reforms. Atthe same

time, there ha s been increased re cognition of the i nherent limitat ions of

the law in regulating marriage and the family.

e public and the lega l profession are aware of the dev astating i m-

pactthatfamilybreakdowncanhaveonwomenandchildren.efemin-

izationof poverty thatresults fromsingle parenthood, family breakdown,

and divorce conti nues to be of pressing concern to provinc ial and federal

governments a s they seek to enforce spous al and child support p ayments

that have fallen i nto default, a nd endeavour to provide a socio-e conomic

safety net for sole parents and chi ldren.

Canadian family law is a fascinating blend of old and new. It is con-

tinuallyin transition as it responds to evolvingfamily structures.Chapter

ofCanadian Family Law identif‌ies the changing character of Canad-

ian families andposes fundamental questions concerning possible future

direct ions of law and social pol icy in Canada. I n addition, it provides a re-

view of the legal consequences ofmarriage breakdown and divorce since

the enactment of the f‌irst dominion-w ide Divorce Act in . e frag-

mentation of legislat ive powers between the Pa rliament of Canad a and

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