Time for change?
The new federal divorce laws enacted a few years ago are supposedly fairer than ever before and are intended to reduce the fighting between ex-spouses and streamline the whole divorce process.
Well in my opinion that is the biggest hoax ever perpetrated by the Supreme Court of Canada. They might have changed the law, but they did not change the attitude of the people dispensing the law.
The current divorce law clearly states that every person getting divorced should obtain separate legal advice from a lawyer before signing a separation agreement.
But at this point most couples have made several life choices that may have placed them in a very precarious situation without being aware of the consequences of those choices when it comes to divorce.
I think most newlyweds out there are oblivious to the Federal Child Support Tables and the Federal Divorce Act, and why wouldn't they be? And doing a few examples on the support calculator might also not be a bad thing.
With the divorce rate in Canada creeping up to the 50 per cent mark coupled with the absolutely debilitating financial consequence of divorce on the ex-spouse with the bigger income, every person getting married today needs to be as informed as possible before tying the knot.
I believe it's time that couples are required by law to complete an information session with a lawyer regarding divorce before being allowed to marry.
Maybe even a session with a Supreme Court judge that will explain how the Supreme Court views divorce and the rationale behind judgments made.
Only at this point should people be allowed to get married. And with the knowledge gained couples will be able to make informed decisions regarding family planning and financial issues.
This will ultimately lead to an easier and less confrontational divorce that in my view the new divorce law was trying to achieve but has not been very successful.
It is a fact of life today that spouses need to be prepared for what a previously was unthinkable, but today has become an everyday occurrence.
Rather be prepared for the unthinkable than try to handle the unthinkable crashing down on you when you least expect it.
Gert Erasmus
Prince George
