Divorce in Japan

Japanese Divorce Tactic

heteropaternal superfecundation

different fathers 'trigger divorce'

Fri Jan 29, 7:23 AM

ANKARA (AFP) - A Turkish man decided to divorce his wife after DNA tests showed he was the father of only one of their twin boys, the mass-circulation Sabah newspaper reported Friday.

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I wonder how child support would work in Canada for this situation?

Ontario Divorvce Proceedure changes

Following up on yesterday's post and the news from the attorney general's office, it looks like there may be some procedural changes to Ontario's family law system starting at the Brampton and Milton Family Law Court locations but the specifics of what these will look like and when they will be implemented is a while off yet.

For now, I wouldn't expect any changes to the logistics of a divorce application and the complex process that is involved with bringing a family law matter to our courts.

CBC News - Toronto - Ont. to try making divorce faster, cheaper

CBC News - Toronto - Ont. to try making divorce faster, cheaper

Big changes? The complexities of the divorce and family law process in Ontario is a mess, so any way to streamline the system and limit bureaucracy would be a benefit to tax payers. At the same time there is a need to innovate family law and design new ways to provide legal advice, both in the public and private sphere. A lot of insiders are calling for changes to the way assets are divided, specifically the matrimonial home, but any serious changes will bring about a revolt from a backlog of previous cases, which could bring about a flood of old cases back to the overextended courts.

The fact that someone could be married for 1 month and automatically get half a house they did not pay for is outdated. Society and marriage has changed and the law has stayed the same. Perhaps there should be a divorce tax to anyone getting married which would be returned to them after 30 years of marriage and used to fund the system if they don't stick together. Maybe that financial incentive would keep couples committed since the church, extended families and community don't play the same role they did in the past. Either way there are no easy solutions and a shuffling of resources in the province will unlikely provide the changes necessary.

Marital Disruption

Here is a good lecture on some interesting facets of marital disruption from Yale University...Click Here for http://www.academicearth.org/lectures/marital-disruption.

JL

Prenups

Here's an article from the globe and mail on prenups (marriage contracts)brought to attention lately by Tiger Woods.

Tiger's new prenup? Try renup

Lately, many people have been asking me about marriage contracts. One of the main things to remember is that you can not contract out of spousal support.

Common Law Partners and Property division

In Ontario, common law partners do not have legislative rights to a division of property upon separation.

This does not mean that common law partners have no property rights in the event of the breakdown of their relationship.

There is the option to claim unjust enrichment, and in some cases a resulting trust claim can be made.

Unjust enrichment occurs when one party gains a valuable advantage from another without legal reason. The three requirements for a finding of unjust enrichment are:

1. One spouse has been enriched;
2. There is a corresponding deprivation to the other spouse; and
3. There is no legal reason for the enrichment.

Unjust enrichment cases