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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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  #11 (permalink)  
Old 05-09-2006, 11:22 PM
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It shouldn't be punishable. Thankfully we have a separation of church and state in this country so the influence of religious institutions on public policy is tempered by the influence of non-religious groups. That being said, if you are a parent and you have an affair and then jump into cohabitation with that new person, it will definitely be an issue in a custody dispute - I've seen it a million times.
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Old 05-09-2006, 11:44 PM
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It is best to get Divorce no fault 1 year separation.

The main criteria for spousal support is that one party has NEED and the other party has MEANS after paramount consideration in support of the children.

Spousal Support is not contingent on ones infidelity.

What is the name of the case, Most SCC cases are posted at the Federal Justice site or at CanLII site

http://www.canlii.org/index_en.html


LV

Last edited by logicalvelocity; 05-09-2006 at 11:49 PM.
  #13 (permalink)  
Old 05-10-2006, 12:00 AM
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You start to throw fault into the whole divorce situation - who gets what, who did what and who didn't do this or that and an ugly time in our lives gets a whole lot uglier.

LV is right- means and needs are the way to go.
  #14 (permalink)  
Old 05-10-2006, 04:37 PM
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Quote:
Originally Posted by Jenny
You start to throw fault into the whole divorce situation - who gets what, who did what and who didn't do this or that and an ugly time in our lives gets a whole lot uglier.

LV is right- means and needs are the way to go.
WOW - I could not disagree more.

As an analogy - I work for an employer (outside my home) - I decide, by my own free will, to leave this job - should my employer continue to pay me? I QUIT. They didn't ask me to leave ... I left of my own free will. So, if I leave my marriage, again, of my own free will, why in the name of all that is just and fair should my spouse be forced to support me??

It defies logic AND justice.

And it is a disgraceful attitude for any self-respecting woman to have.

If we, as women, ever want to be respected as equals, we have to behave like equals ALL OF THE TIME.
Not just when it's convenient.
It's not convenient to admit you are an equal when you are demanding a man support you ... but it is when you want equal pay for equal work, you can't have it both ways ladies.
It is my firm belief that women who are capable of working, and refuse to, just to collect support are doing all of us a severe disservice.
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Old 05-10-2006, 08:14 PM
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excerpts of the law



30. Every spouse has an obligation to provide support for himself or herself and for the other spouse, in accordance with need, to the extent that he or she is capable of doing so. R.S.O. 1990, c. F.3, s. 30; 1999, c. 6, s. 25 (3); 2005, c. 5, s. 27 (7).

This is where NEEDS and MEANS originates from.
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Old 05-10-2006, 08:29 PM
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Quote:
Originally Posted by logicalvelocity
excerpts of the law



30. Every spouse has an obligation to provide support for himself or herself and for the other spouse, in accordance with need, to the extent that he or she is capable of doing so. R.S.O. 1990, c. F.3, s. 30; 1999, c. 6, s. 25 (3); 2005, c. 5, s. 27 (7).

This is where NEEDS and MEANS originates from.

LV -I don't for a second disagree that this is the "law" - I just disagree with the law!

I've said it before, and I'll say it again, and until I am blue in the face ...

adults should support themselves - and it is my not-so-humble opinion that there are very, very cases where this is not possible.

It seems to me that many people (mostly women) ignore the obligation to provide support for himself or herself part, and focus on the and for the other spouse part, and unfortunately, we are at a time in history where the law is supporting that.

I just think that if more people fought against that, rather than accepting it as fact, it could change. Laws change all the time in this country, that's one of the beauties of democracy.
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Old 05-10-2006, 08:46 PM
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workingthruit,

A friend of mine lives in England. She tells me their family laws have been reformed and they no longer have spousal support. Apparently the reformed laws have been in effect for a number of years. I have never verified this as being true, with actually searching for the England Statutes and reading it for myself. Perhaps it is google time.


LV
  #18 (permalink)  
Old 05-10-2006, 09:00 PM
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Quote:
Originally Posted by logicalvelocity
workingthruit,

A friend of mine lives in England. She tells me their family laws have been reformed and they no longer have spousal support. Apparently the reformed laws have been in effect for a number of years. I have never verified this as being true, with actually searching for the England Statutes and reading it for myself. Perhaps it is google time.


LV
Something I find amazing is the very common misconception that there is no 'alimony' in Canada ... I don't know that the courts still refer to it is such, but a rose by any other name, and all that jazz!

Let us know what you find out about spousal support in England, will ya?
  #19 (permalink)  
Old 05-10-2006, 09:33 PM
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Well, did some searching and I did come up with some terms such as spousal, alimony, and maintenance but no luck pointing to a specific act that referenced to it being in effect or abolished.


http://www.opsi.gov.uk/acts.htm

To get a better understanding of the English laws,

Some comparative notes to remember:

1. There is no written English constitution.

2. There is no official codification of English statutes.

3. Any statute passed by Parliament is by definition valid and not subject to review by the courts. Thus a statute’s “constitutionality” is not an issue a court can address; Parliament alone may act to change a law.


http://www.law.duke.edu/lib/researchguides/english.html



LV

Last edited by logicalvelocity; 05-10-2006 at 09:40 PM.
  #20 (permalink)  
Old 09-02-2006, 05:56 PM
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Default Unjust Alimony Payments

You think that you have it bad, I was married to a very abusive man for 4 and 3/4 years, that lived off of me and I worked very hard. I went through the worse hell and the Judge is awarding him 5 years of support payments.
There is no real justice.
PK
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