3 DIFFERENCES BETWEEN MARRIED AND COMMON LAW RELATIONSHIPS IN ONTARIO. 1. If you are married in Ontario and separate,under the Family Law Act the net wealth of both you and your spouse is shared equally, unless you have agreed on a different regime in a valid Marriage Contract. If you are in a common-law relationship, you may have a claim to some sharing of wealth, depending on your circumstances but it is not automatic. 2. If you are married and live in a house together during the marriage, you are automatically entitled to remain in the house after separation,unless there is an Order that says otherwise, even if your spouse owns the house. If you are common law, and you are not an owner of the house, you have no right to stay in the home and your common law spouse can insist that you leave. 3. If you are married and separate, you must obtain a divorce Order from a judge no matter how long you are separated, if you wish to be divorced. If you are common law, you do not need a divorce Order, as you were never considered married. For more information, contact Melody Loubert at Rasmussen Starr Ruddy LLP, (613) 232-1830.

I AM SEPARATING FROM MY SPOUSE, NOW WHAT? Many people are confused about what they can do once their relationship has ended. "Do I need a written agreement, can I stay in the same house, what are my rights, how do I make sure I get support, and where do I go from here" are all questions that you may have. There are many options: a Separation Agreement, mediation, Arbitration or court. All of these options require a family lawyer to properly advise you, while making use of our family law clerks at their lower rates. For more information about your rights and options, and a free consultation, contact Rasmussen Starr Ruddy LLP, Melody Loubert divorce/family lawyer at 613-232-1830. 23 years experience.

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ARE YOU TRAVELLING WITH CHILDREN OUTSIDE OF CANADA THIS WINTER? This is the time of year when families travel outside of Canada. When you travel with children, the Federal Government recommends the following: "We strongly recommend that Canadian children carry a consent letter if they are travelling abroad alone, with only one parent/guardian, with friends or relatives or with a group. A consent letter may be requested by immigration authorities when entering or leaving a foreign country or by Canadian officials when re-entering Canada. Failure to produce a letter upon request may result in delays or refusal to enter or exit a country. We also recommend that the letter be: •signed by every non-accompanying person or organization with the legal right to make major decisions for the child, including anyone with custody rights, guardianship rights or parental authority (in Quebec only); •signed by any non-accompanying parent who has access to the child; and •certified by an official who has the authority to administer an oath or solemn declaration (e.g. a commissioner of oaths, notary public or lawyer), so that border officials will be less likely to question its authenticity." see www.travel.gc.ca For more information on Consent Letters and legal advice, contact Melody Loubert at RSR 613-232-1830 for a consultation.

WHY GET A DOMESTIC CONTRACT ("Pre-nup")? In Ontario, if you live with someone or get married, what happens if it doesn't work out? Nobody wants to think about this but unfortunately the chances are almost 50/50. A domestic contract, known by some as a "pre-nup", is a written contract which says," if we ever separate, I get to keep that ugly painting I bought and you get to keep the ugly car you bought". Without this type of written agreement he could end up getting that ugly painting.... although that might not be so bad, but at least you'll know ahead of time. You could also end of sharing half of that house you bought even if your spouse paid nothing. Why not just do it yourself or go online for an internet marriage contract? Chances are it will not stand up to a court challenge if you ever have to defend one. You might also end up with a lot less than you are entitled to receive. By that time, guess what?.....it's too late. For more information and a free consultation, with our family lawyer, Melody Loubert, contact Rasmussen Starr Ruddy LLP, 613-232-1830.

WHAT ARE GRANDPARENTS’ RIGHTS WITH RESPECT TO A GRANDCHILD? In Ontario, the Children’s Law Reform Act provides that any person may apply to the court for custody or access to a child. This means that a relative, such as a grandparent, can ask the court for a custody or access Order. The test, as always with a child, is whether it would be in the child’s best interests. It is not enough to prove that the child would not be harmed by contact with a relative, such as a grandparent, but that it would benefit the child. The courts take into account the wishes of the parents, whether those wishes are reasonable, whether there is a positive relationship with close emotional ties between the grandparent and child, and other factors under s. 24 of the C.L.R.A. For more information and a free consultation, with our family lawyer, Melody Loubert, contact Rasmussen Starr Ruddy LLP, 613-232-1830.

Where do you file a court proceeding if you are seeking a custody or access Order for children who live in Ontario? In Ontario, a court proceeding must be filed in the court where the children ordinarily reside, subject to exceptions and the discretion of the court. This means that if you live in Pembroke and your children reside primarily with you, your spouse must file any court proceedings for custody or access in the Pembroke family court (unless an exception applies). For legal advice on custody in Ontario, and a free half hour consultation, contact Melody Loubert, family lawyer since 1993, 613-232-1830.

Where must a married spouse file for divorce in Canada? In order for a judge to sign a divorce Order, at least one of the married spouses must have ordinarily resided in the province for at least one year before filing a court Application in that province. This means that if you have lived in Quebec for at least a year but your spouse has lived in Ontario for a year or more, you can file your court proceeding in Ontario or Quebec. It does not matter where you were married, only that your marriage is valid in accordance with Canadian law. For legal advice on divorcing in Ontario, and a free half hour consultation, contact Melody Loubert, divorce lawyer since 1993, 613-232-1830.

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PROPERTY DIVISION WHEN SEPARATING. When a married couple separates, in Ontario they are each entitled to half the family's net wealth. Just make sure you don't end up with the wrong half.

WHO GETS CUSTODY WHEN PARENTS SEPARATE? When parents separate, both parents have the same right to have the children in their primary care, unless there is a court Order, written agreement, or unless one party lets the other party have the children reside primarily with the other parent. It used to be the case in Ontario that the courts gave priority to the mother, but that is no longer the case. The law has changed since the 1970's and it is now not unusual for fathers to have primary care of the children. The best interests of the children, not the wishes of the parents, are what the court will determine when deciding who makes major decisions for the children (custody) and how often they are in the care of the each parent (residential schedule). It is even possible for a third party, such as a grandparent or other family member to seek custody of a child, if neither parent is capable of caring for the children. For more information and a free consultation, contact Melody Loubert at 613-232-1830.

CHILDREN AND DIVORCE IN ONTARIO. When a couple has children and separate, there is often a temptation by one or both of the parents, or their relatives, to convince the child that the other parent is to blame for the divorce, that the other one is a terrible person, and that they are better off not seeing that parent. Parents seem to forget that by denigrating the other parent, they are denigrating half of the child, and risk affecting the self-esteem of the child. The Children's Law Reform Act recognizes this problem and sets out as part of its goal to encourage maximum contact with the child and each of the parents, subject of course to the safety of the child. No matter how much you dislike your ex spouse, if there are no safety issues, consider speaking kindly about the other parent as though you are talking about your child. For more information and a free half hour consultation, contact reception@rsrlaw.ca

"A big thank you to Melody and her staff. Melody is straight forward and knows her stuff. Although going through a separation is hard, I was very confident things would work out in my favor. And they did. Looking forward to the next new chapter to begin. Thanks again Melody." Kristina Dowsley, January 8, 2016