Men have become guarantors for choices made during the marriage: As more and more cases internalize Moge, Bracklow, and now Miglin (which I will discuss later), I regret to say that the courts have foisted upon men in general the responsibility to act as guarantors for reasonable life choices made by the couple years earlier. Do the courts ever consider the benefit to a spouse of having assumed the primary parental role? Do the courts ever consider the non-economic detriment to the husband and father who has assumed the ‘traditional’ role – working diligently throughout the marriage to provide financially for wife and children? What about the costs of re-establishing one’s own residence? What about the costs of exercising access to one’s kids? What about the expressed philosophy in the Divorce Act to encourage econTrends: What we can derive from Moge, Bracklow and the other cases discussed thus far are a number of very disturbing trends:
1. Poverty is the lot of women; the courts have to remedy that with little or no attention truly paid to the man’s ability to pay.
2. Women are economically disadvantaged by the roles assumed during marriage. It is the task of the court to undo that disadvantage upon separation and divorce.
3. Men shall be required to compensate women.
4. Even relatively short relationships can result in the imposition of a spousal support obligation.
5. The obligation to pay spousal support can arise by virtue of the marriage relationship itself (although there is some hint that the court really means that the obligation flows from the expectations that flow from the marriage relationship).
6. If the man can afford it and the woman needs it (in the most liberal interpretation of that word), then the man pays.
7. Courts shall not burden themselves with the issue of whether the woman is entitled to support. We are to assume entitlement. Simply, the judge shall answer the two-pronged question: How much? How long? If you are lucky, maybe we will temper the open-ended obligation with a review order at which time we will require you to compensate your ex-wife some more.
Education and reform are required: Do not count on the courts to change our current direction. Legislative reform is required. The public needs to be educated about the true costs of separation and divorce. We have to dispel the misinformation that permeates popular culture. We have to overcome the gender based and gender biased myths and stereotypes (that I have already spoken about to this group and published articles concerning this matter). We have a challenge before us. Are we up to this challenge or do we wish to simply sit around and complain about legal system?
http://www.canadalegal.com/gosite.asp?s=4695
More can be found on this interesting article at the above link. I'm just going to go and ponder this....and continue shaking my head at the injustice of Family Law in Canada.
1. Poverty is the lot of women; the courts have to remedy that with little or no attention truly paid to the man’s ability to pay.
2. Women are economically disadvantaged by the roles assumed during marriage. It is the task of the court to undo that disadvantage upon separation and divorce.
3. Men shall be required to compensate women.
4. Even relatively short relationships can result in the imposition of a spousal support obligation.
5. The obligation to pay spousal support can arise by virtue of the marriage relationship itself (although there is some hint that the court really means that the obligation flows from the expectations that flow from the marriage relationship).
6. If the man can afford it and the woman needs it (in the most liberal interpretation of that word), then the man pays.
7. Courts shall not burden themselves with the issue of whether the woman is entitled to support. We are to assume entitlement. Simply, the judge shall answer the two-pronged question: How much? How long? If you are lucky, maybe we will temper the open-ended obligation with a review order at which time we will require you to compensate your ex-wife some more.
Education and reform are required: Do not count on the courts to change our current direction. Legislative reform is required. The public needs to be educated about the true costs of separation and divorce. We have to dispel the misinformation that permeates popular culture. We have to overcome the gender based and gender biased myths and stereotypes (that I have already spoken about to this group and published articles concerning this matter). We have a challenge before us. Are we up to this challenge or do we wish to simply sit around and complain about legal system?
http://www.canadalegal.com/gosite.asp?s=4695
More can be found on this interesting article at the above link. I'm just going to go and ponder this....and continue shaking my head at the injustice of Family Law in Canada.
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