Canada legalized same-sex marriage in 2004, when the Supreme Court of Canada ruled that legislation defining marriage as a union between a man and a woman was unconstitutional. In July 2005, this new law was codified with the enactment of the Civil Marriage Act. However, prior to this act, same-sex marriage was already legalized in a number of provinces, including Ontario. Under current law, same-sex couples in Canada are entitled to the same rights as any other couple, including the right to marry, the right to divorce, and the right to raise families.

In the province of Ontario , same-sex marriage was legalized in 2003, when the Ontario Court of Appeal held that defining marriage as a heterosexual relationship violated the Canadian Charter of Rights and Freedoms. Additionally, the court ruled that any same-sex couples who had previously attempted to marry under common law would be considered legally married.

Following this decision, Ontario Attorney General announced that the Ontario government would also recognize same-sex marriage, and the province’s municipalities began issuing marriage licenses to same-sex couples. Ontario was the first province/state in North America to legalize same-sex marriage. The requirements for a same-sex marriage in Canada are now the same as those for a heterosexual marriage.

After you have obtained a marriage license, you are permitted to have an official marriage ceremony to finalize the marriage. You have the option of either a religious ceremony or a civil ceremony. Religious ceremonies may be performed by any individual who is recognized by a religious body to perform marriage ceremonies and is registered under the Marriage Act. However, the Supreme Court of Canada held that religious groups have the right to refuse to marry same-sex couples if such a marriage is against that entity’s religious beliefs. Civil ceremonies may be conducted by a Judge or Justice of the Peace.

Under current law, same-sex couples are entitled to adopt children and raise a family, just as a heterosexual couple would. Additionally, using recent advances in technology, such as in vitro fertilization, many same-sex couples can use egg or sperm donors to have children that have the same genes of one of the spouses. In such situations, the children in the same-sex family, under Ontario law, are considered the natural children of both spouses, regardless of which spouse’s eggs or sperm were used.

In 2004, the Ontario Court of Appeal declared the Divorce Act unconstitutional for defining marriage as a relationship between a man and a woman. Accordingly, it ruled that the Divorce Act applied to both heterosexual and same-sex marriages. In February 2005, a bill was passed in Ontario that amended the wording of a number of Ontario laws to apply to same-sex couples, as well as heterosexual couples, giving such couples analogous rights to those enjoyed by heterosexual couples.

Spouses who were married, but wish to get a divorce, are now entitled to the same rights under both the provincial and federal laws, including the rights to spousal support, child support, and property division.

For more information on divorce and other family law matters, visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer

Couples entering into a second marriage, especially where children are involved, are preoccupied by the day-to-day challenges they face, like consolidating two households into one, trying to ensure that everyone gets along, divvying up space in a new home and even chores like laundry or cooking. They often overlook the long-term implications of a blended family, and that oversight can be costly, especially given the fact that approximately seventy percent of second marriages end in divorce.

The issues involved in merging families can be more difficult when one or both parties to the marriage are wealthy. In situations where a large amount of money is involved, emotions run high, especially among children one of the parties has from a previous relationship. The concept of the “evil” stepmother or stepfather running off with all of their parent’s money has many children worried about more than just the success of the new relationship.

Particularly for families with a high net worth, legal options can help put minds at ease prior to the marriage. Prenuptial agreements, once hailed as being a harbinger of divorce, are actually a great way to plan for contingencies involved in the end of a second (or third) marriage. These agreements, based upon the full financial disclosure of both parties and drafted to set forth their economic wishes, can be negotiated by the parties and/or their attorneys, allowing for dialogue, give-and-take and explicit instructions for allocating wealth to children of prior relationships as well as to any children who may join the family during this marriage. Premarital agreements can also be invaluable when family heirlooms, real estate or collectibles are involved — this treasured property can be specifically kept outside the scope of any marital property in the event of a divorce.

While there is no one-size-fits-all solution for the financial woes facing every blended family, with communication, honesty and forethought, most conflict can be avoided. If you are preparing to enter into a subsequent marriage and have questions about protecting your property rights through a prenuptial agreement or other method, contact and experienced family law attorney in your area for more information.

The divorce rate has slowed in recent years, but not across all demographics. An unexpected segment of the population is experiencing an uptick in divorces — those who have been married more than 20 years. So-called “gray divorce” is making the news in family law circles as more and more couples decide that after decades of marriage they are ready to start a new life apart from their spouse.

Like most younger couples, those choosing to go their separate ways after 20, 30, 40 years of marriage or more do so because they want new opportunities. They long for new experiences. They are in a rut, are unhappy, feel trapped or figure that since their nest has emptied, it is time to spread their wings. Contrary to popular belief, the majority of gray divorces are not the result of one or more parties having an affair, though a desire to have new and exciting relationships is certainly a contributing factor to the rapid growth in divorces of people of a certain age.

Divorce is, for lack of a better term, easier now than ever before. In recent years the onset of collaborative divorce, mediation and other cooperative methods of resolution have made the process simpler, less adversarial and less expensive. There is also the fact that couples are living longer, and they might, during their time together, grow apart. Another reason why many couples are splitting up after long marriages is that it is “okay” to get a divorce now — the societal stigma or sense of failure once associated with divorce is now largely gone.

Regardless of your age, if you are interested in learning more about a divorce or legal separation, you should contact an experienced family law attorney in your area to learn more about your options.

For more information on divorce and other family law matters, visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer

When parents divorce, the Parenting Act of 1987 helps address issues they might face concerning their children. When a couple divorces, there are several different issues that they will face – everything from property division to alimony will come into play and will cause considerable stress on the divorce process. There is not, however, a situation that is more difficult and emotionally stressful than attempting to deal with the issues that pertain to any children that might be involved in the divorce.

For this reason, the Parenting Act of 1987 was officially placed into effect in January of 1988 to help these parents find better ways to work through their issues concerning custody and visitation. Per this document, parents were no longer encouraged to look at custody as a black and white issue, but were rather to look at how each parent could help the child. Residential schedules were thus brought onto the scene where the child could effectively and easily split their time between each parent.

This act also introduced the parenting plan, which is a court-approved plan which is either drawn up by the parents or ordered by the judge if the parents are unable to agree. In this plan, different sections address different issues parents will face with the raising of their child such as residential schedule (where the child will live and what sort of contact they will have with each parent) and the decision making (such as decisions pertaining to health, education and religion). All in all, it is a completely comprehensive document that outlines the way that parents are best able to provide for the child.

By using this functional document, parents are able to encourage communication between each parent and child, allowing for the child to be raised in a healthy and supportive environment that counteracts the negative impact of a separation or divorce.

If you are currently facing a divorce, it is important to keep the best interests of your child first and foremost. The effects of divorce can be absolutely devastating on a child and has the ability to cause life-long challenges that they will constantly be struggling to overcome.

For more information on divorce and other family law matters, visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer

From incompatibility to infidelity, there are different reasons that couples decide to divorce. For many, however, money troubles appear to be the root cause of the couples’ problems.

Statistics from the National Marriage Project at the University of Virginia note that spouses who argue about money at least once a week are 30 percent more likely to divorce that couples who have money conflicts one to three times a month. With the current economic climate, money issues understandably take on a different level of significance for many spouses.

Communication may be one of the keys to a healthy marriage. Most couples, however, avoid this practice when it comes to talking about money. According to a recent poll conducted by American Express, ninety-one percent of those surveyed avoided discussing money issues with their spouse or significant other. The survey also indicated that half of all respondents made a purchase that their spouse was against, while thirty percent went so far as to hide purchases from their spouse.

A HarrisInteractive poll from 2005 showed a similar trend. Though ninety-six percent of those surveyed believed it was both partners’ responsibility to help manage the household’s finances, nearly thirty percent had lied to their spouse about money. One in four respondents from the Harris poll said honesty about money was more important that being faithful.

While not communicating about money issues or properly budgeting the family’s money may have been a primary reason for the divorce, it is important to take the steps necessary to live on a successful budget after the divorce is final. Living off of one income, as opposed to two, can be a difficult transition for many people.

Debt from the marriage can also have a lasting effect on each person after divorce. It is important to ensure that any debt is distributed fairly; otherwise, one person can find him or herself shouldering a majority of the debt both parties helped create.

For more information on divorce and other family law matters, visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer