Podcast #62 –What Can You Do With A Marriage Contract?

As soon as COVID-19 restrictions started lifting, people started getting married again.  But having had to wait, or perhaps because they are getting married older, the betrothed have given some thought about what getting married means.  Perhaps they have been following the Ontario Family Law Podcast and paid attention to the issues that can arise on separation, or read the comments. Perhaps they have read the Guide to the Basics of Ontario Family Law to understand how Family Law works.  But, people who are getting married now are getting married smarter and using marriage contracts to avoid surprises if they separate. From property division to child and spousal support to parenting issues, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman explains what you can and cannot do with a marriage contract or a cohabitation agreement (for people who are living common law).  He also explains what the law says cannot be changed using these types of contracts. This episode is essential listening for people who are getting married or people who are planning to live common law, so they know what arrangements they can make to protect what is most important to them during their relationship.

Certified Specialist in Family Law, John Schuman,  explains marriage contracts.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #61 –Is Family Mediation Binding?

When separating, many spouses and parents want to find easier, less destructive, and less expensive alternatives to Family Court.  For most people, those options are better.  In addition, the 2021 changes to the Divorce Act require separating spouses to consider alternatives to Court.  Many people consider family mediation to resolve their differences after separation. But, having heard that mediation is a voluntary process, they also worry that their ex will just ignore the result at mediation.

Certified Specialist in Family Law, John Schuman,  answers the question “Is Family Mediation Binding?”

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #60 –Can You Move with the Kids After Separation or Divorce?

One of the most difficult decisions any judge faces is whether to allow one parent to move away from the other parent after separation or divorce.  It is hard because the children can lose most, if not all, of their relationship with the parent who stays behind.  While judges can sometimes be suspicious that the move may be a tactic by a vindictive ex to cleanse the other parent out of their life and the life of the children, often there are really good reasons for the move and it can be hard to balance all the positive benefits that the moves offer to the children against losing a relationship with a parent.  When the Federal and Ontario government’s changed the Family Laws in March 2021, they made them more specific as to when moves should and should not be allowed.

Certified Specialist in Family Law, John Schuman, explains how to know when you should go to Family Court and when you should look at those other options to resolve matters with your Ex.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #59 – Should You Take Your Ex to Family Court?

People have assumed for years that getting divorced, or even separating meant you had to go battle things out in Family Court.  That is not the case.  Family Court is NOT the best option for many people.  It can lead to results they don’t want.  Going to Family Court means turning over important decisions about your family, and most importantly about your children,  to a stranger – the judge.  And for certain people, and in certain situations, that may have undesirable results.  Parents are often disappointed with the results for their kids. There are other ways to resolve matters.  negotiation, mediation, arbitration, and collaborative practice all represent ways to stay out of Court. But sometimes, those options won’t provide the necessary protection, and going to Family Court to have a judge take control of the situation is absolutely necessary.

Certified Specialist in Family Law, John Schuman, explains how to know when you should go to Family Court and when you should look at those other options to resolve matters with your Ex.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #58 -Why You Won’t Get Custody Of The Kids

For many years, custody of the children was the big prize in any divorce or separation.  Especially with the introduction of “no-fault divorce”, custody of the children was important because it showed who WON the divorce.  For separating parents, getting custody, and controlling the other parent’s “access” has been the ultimate goal, which superseded other considerations, like maintaining an amicable relationship with other parents, or being able to co-parent, or addressing the children’s needs. With the introduction of the Child Support Guidelines, custody became even more important because it also meant entitlement to child support, and even sharing parenting meant getting less child support. The huge importance separated parents have placed on getting custody is indisputable.

Then, in 2019, the Federal Government, followed by the provincial governments, made big changes to the Divorce Act and other family laws to abolish the terms “custody” and “access” and change the focus of “parenting orders” on to the children and their needs.  Those changes went into effect on March 1, 2021.

Judges now make parenting orders, not custody orders, and those parenting orders have two components – parenting responsibilities and parenting time.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #57 –Student’s Rights During COVID-19

The pandemic has brought massive changes to Ontario’s education system.  This shake-up has left parents with a lot of questions about whether their children still have rights within the school system. In a public school system struggling to cope with all the extra COVID19 related demands, it can be hard to get school administrators and teachers to find time for parent’s concerns. While there have been big changes due to the pandemic, students do have rights even still.   Although, those rights are not always the ones that parents wish their children had.  This episode of the Ontario Family Law Podcast explains what rights students have during the pandemic.

In this episode of the Ontario Family Law Podcast, Education Lawyer, John Schuman answers the questions about what Ontario Law guarantees to students during the pandemic and what protections they have if things go wrong.  In addition to covering what lights students have to attend in-person learning at their local school, this episode reveals what the minimum educational education standards are in the province and sets.  It also discusses what rights that students with special needs, and students who are victims of bullying, can continue to expect even during labour disruptions affecting their school.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #56 –Will My Spouse Have to Pay Child Support to My Ex? 

Blended families are becoming more and more common as parents find new partners after the end of an earlier relationship.  Some of those new partners can be reluctant to start a relationship with some who already have kids.  That can make things complicated, especially as it often means the ex may still be hanging about.  But, a BIG concern of many people considering starting a relationship with someone who is already a parent is whether becoming that parent’s spouse will mean becoming liable for that parent’s child support obligation.   New spouse’s should not be liable for their partner’s child support obligation.  But, the legal answer is more complicated.

When a person marries, or starts a relationship, with someone who has kids from a previous relationship, that person can be on the hook, directly or indirectly, to that partner’s ex.  In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how that can happen, and how to avoid pay child support to a new partner’s ex.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #55 –Will My Ex Get My House If I Divorce? 

Family Law can really ruin things for people who have bought their own home.  Over the past several months, if not years, the prices of homes have skyrocketed.  It is no longer a simple feat to purchase a home – it requires a lot of hard work and obviously, money.  To get a home, people have to work through school, spend years in full-time employment, finally earn enough income to secure a home, then make mortgage payments for several years.

After doing all that if the homeowner marries, then separates,  a large chunk, perhaps even half of all that effort goes away to the ex “for free.”   Marriage can take away your most significant asset.  In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how that happens, and how to prevent it from happening, so married spouses can keep their homes if they divorce.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #54 –Can you get divorced in Canada?

A lot of people either come to Canada married to someone else or leave Canada to get married and then come back.  When problems develop in their marriage, they wonder if they can get divorced here, or if they have to go back to where they were married. Sometimes the spouse still lives abroad, which raises the question as to whether Canada can grant the divorce, or the other country must. This episode of the Ontario Family Law Podcast explains when spouses can get divorced in Canada, and when they cannot.

If you were married outside of Canada, or your spouse currently lives outside of Canada, this podcast explains what you need to do to get your divorce. The explanation includes what determines in which country spouses can get their divorce and what criteria they have to meet to get their divorce in Canada.  It also explains the steps for getting a divorce in Canada when one spouse lives somewhere else, as well as going over how Ontario Family Courts will make orders for separated couples for things like parenting, child custody, child support, spousal support, and property division –  even when a divorce is not possible.

Podcast #54

In this Podcast, certified family law specialist John Schuman explains when spouses can get divorced in Canada, and when they cannot.

 

 

 

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.