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?
Friday, January 29, 2010
Friday, December 18, 2009
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.
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.
Thursday, December 17, 2009
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The fact that someone could be married for 1 month and automatically get half a house they did not pay for is outdated.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.
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.
Tuesday, December 15, 2009
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
JL
Friday, December 4, 2009
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.
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.
Monday, November 30, 2009
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
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
Wednesday, November 4, 2009
Family Law Support in Ontario
Watch a youtube clip from Sept 23, 2009 of MPP Ontario Yasir Naqvi ask the attorney General about the Province's Legal aid plan - regarding family law Click here for the Clip.
In my slightly biased opinion, legal aid is not only underfunded, but the inactivity of the Provincial government to innovate the way legal aid, advice, information and representation is delivered to not only our less wealthy litigants, but the middle class too, has created a lot of inequity in the family law process.
If we look at what British Columbia has done within the past year, setting up Family Law assistance to the public through centers run by the Legal Services Society it is clear that family law litigants in that Province have a much easier path to information, advice, and aid than their Ontario counterparts. In fact, the Law Help Ontario centers in every courthouse in Ontario often do not provide assistance with family law related matters.
Here in Ontario private business like mine has had to fill the gaps. With the tightness of the Provincial budget what it is, this is unlikely to change. People will have to rely on a certain amount of goodwill from lawyers and legal professionals to get some discounted legal advice, until the underpinning structure of the legal system regarding family law and legal assistance to litigants is innovated.
In my slightly biased opinion, legal aid is not only underfunded, but the inactivity of the Provincial government to innovate the way legal aid, advice, information and representation is delivered to not only our less wealthy litigants, but the middle class too, has created a lot of inequity in the family law process.
If we look at what British Columbia has done within the past year, setting up Family Law assistance to the public through centers run by the Legal Services Society it is clear that family law litigants in that Province have a much easier path to information, advice, and aid than their Ontario counterparts. In fact, the Law Help Ontario centers in every courthouse in Ontario often do not provide assistance with family law related matters.
Here in Ontario private business like mine has had to fill the gaps. With the tightness of the Provincial budget what it is, this is unlikely to change. People will have to rely on a certain amount of goodwill from lawyers and legal professionals to get some discounted legal advice, until the underpinning structure of the legal system regarding family law and legal assistance to litigants is innovated.
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