Premarital or prenuptial agreements have a reputation for being something negative and foreshadowing divorce, but many times, a couple may choose to enter into a ‘prenup’ to avoid burdening their partner with debt or to maintain previously-made arrangements with others. There are a few reasons why prenuptial agreements may be right for you and there are a few downsides.

One of the upsides to having a prenuptial agreement is it forces each partner to look at his or her finances. Prenuptials cut through the verbal promises and assumed expectations, laying out each partner’s specific intentions for the marriage. They can protect the inheritance rights of offspring from other marriage. They allow business owners to protect their business from being split up due to divorce. If the marriage requires one of the parties to quit his or her job, a prenup can make sure they are compensated for the trouble should the marriage dissolve. A debt-encumbered future spouse can protect their future partner with a prenuptial agreement. Finally, prenups eradicate some if not all conflicts during divorce proceedings should the relationship sour.

There are a few downsides of entering a prenuptial agreement. The contract may require one to lose out on assets normally acquired from their partner if he or she dies. They can cause resentment or an air of distrust. If one engages heavily in helping their partner’s business succeed, they may end up undercompensated. Blinded by love, some may agree to terms they really shouldn’t have only to realize their error after it is too late. They can be invalidated if a party forgets to mention some of their assets (the house in Guam you won in a poker game 14 years ago and have never been to). Prenuptial agreements can give off a sense that one does not expect the union to last a lifetime. Lastly, having your partner sign one does not send a romantic message.

Although there are definite downsides to having one, prenuptial agreements may be necessary. Ex-spouses may depend heavily on promises you have made. Ensuring that these are kept can sometimes be more important than your current partner’s objections to a prenup.  Make sure to consult with your lawyer or lawyers on your legal rights.

Since the beginning of marriage, there has been adultery. Statistics show first marriages have a 50% chance of ending in divorce and the possibility grows larger with each successive marriage. Divorces in Canada peaked in 1987 following the introduction of the Canadian Divorce Act, which shortened the length of separation required before divorce to a year and allows an immediate divorce when adultery or cruelty are admitted to or proven. Infidelity has ruined its fair share of marriages, yet the 21^st century has brought new forms of adultery into the spotlight.

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As times change, so must the law. Same-sex marriages are on the rise and this will inevitably lead to more and more same-sex affairs. With progressive provinces like British Colombia and Ontario taking the lead on issues like child maintenance and spousal maintenance during same-sex divorces, it is only a matter of time before these rights are ubiquitous.

In 2005, the Supreme Court of British Colombia amended their definition of adultery to include same-sex adultery. This was in response to a wife’s request for immediate divorce from her husband who had cheated on her with another man. Up until then, immediate divorce for adultery would only be granted if one of the spouses admitted to having “voluntary sex with someone of the opposite gender, to whom he or she is not married.” Although the federal definition of adultery is unchanged, this decision most likely influenced the courts of New Brunswick.

In 2006, a New Brunswick court heard a similar case. Courts initially refused Pascal Thebeau’s divorce because the federal definition of adultery was limited to heterosexual affairs. After Thebeau challenged their ruling, the New Brunswick court chose to expand the definition to include same-sex affairs as adultery and granted his request for a divorce.

This appears to be the way courts are leaning. Although there have not been landmark cases in each and every province, the cases on the books show a tendency towards granting divorce, albeit after challenge, due to same-sex adultery. The official definition of what constitutes adultery has yet to be changed and there is a chance a judge may take it upon his or herself to refuse a divorce, because the “adulterer” cheated with someone of the same sex, but that seems less than likely at this point. What is odd to me is that gay marriage was legalized in part back in 2003 and it took three years for the issue of same-sex adultery to arise- originating from a conventional marriage no less. Perhaps when 2010 brings around the dreaded “seven-year itch” there will be further precedent set on a nationwide basis.

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After articles related the equality, freedom and anti-discrimination under the same law we will take a simple question that many women have asked themselves. 25 years ago it was impossible even to sue someone without your husband but today can you sue for emotional distress? The short answer is yes, you can. A more detailed answer will follow.

Within the Canadian Legal System a spouse can seek a divorce from a husband shall the other spouse has committed any cruelty, damages or has been physically abusive.  Unlike our neighbors down South, Canadian Law does not allow the the party seeking divorce because of emotional distress to sue for Emotional Distress.

One of the main cases in the field was McCulloh V. Drake (Wyoming, 24P. 3d. 1162 (2001)).  the case revolved around a husband that began physically and sexually abusing the wife, soon after the marriage.  the wife decided that emotional distress caused to the other spouse by extreme and outrageous conduct by one spouse that can creat a cause of action for intentional infliction of emotional distress and entitile the victim to collect compensation for her suffering.

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The conclusion of the court was following:

“emotional distress is as real and tormenting as physical pain, and psychological well-being deserves as much legal protection as physical well-being’. In preserving marital harmony as their main goal, the court held that ‘behaviour that is truly outrageous and results in severe emotional distress should not be protected in a misguided attempt to promote marital harmony.”

 The husband’s lawyers in this case argued this decision by backing it up saying that emotional distress caused while legally bound in a marriage does not count for anything illegal. Actually in some situations it is hard to understand if the emotional distress is a cause for a trial. A family is a complex thing and it is okay that two people won’t get along well in everyday life. Still some courts consider that a distress claim is better for a family than a divorce claim.

Another example is what to do in this situation if you are from Canada and you husband is from the United States (for example). In this case the laws of the civilized countries will protect you, but similar to the Canadian case you will be able only to get a jail sentence for the husband (if this is the first case of violence, he will most probable get a scolding and probation). The fees in this case will be impossible to get. Still we live in a time when the laws protecting women are becoming stronger every year, so don’t be afraid to sue your husband and demand a personal injury fee. If you have a good lawyer and great courage, you can probably end up as one of the cornerstone cases in women rights movement and some day we will write an article about you.

Families that suffer some lack of love (but usually have respect the years they have spent together) celebrate the last nice family Christmas, for the kids mostly, and then break up at the time of the New Year. So the year won’t be together with the annoying partner. In the UK Jan. 8 is even unofficially called Divorce Day and Divorce Day 2009 will be extra large, because thousands of families in the world are facing a difficult time right now due to the crisis. Hard times plus the usually stressful Christmas preparations shake the foundations of troubled couples and will definitely lead to increasing number of divorces. Well we live in a modern world and there is no need to continue wasting your life with someone you don’t love, you just need to be sure that you can cover the financial side of the divorce process.

The global crisis nevertheless has a negative impact on the lawyers. While the number of divorcing families increases, part of the people actually has no money for splitting up. So they are forced to stay in a failing relationship. Financial difficulties not only delay work for lawyers but also have some socially positive pressure on the couples. Some of the couples rediscover the feelings when standing before the really hard times.

The British Divorce Day (Jan. was chosen by CBC as a date to air their new documentary about break ups in Canada - How to Divorce and Not Wreck the Kids. For the most people it shows the splitting up of three Canadian couples, but people interested in law might look a little deeper. The release of this movie is not a coincidence. It shows that the situation with unhappy families is nearly critical and future will bring a lot of work for the divorce lawyers. Even if part of the couples will resolve the problem with a do-it-yourself divorce kit. The filmmakers also show that the number of lawyers practicing collaborative law rose from 75 in 2000 to 2,800 in 2008 and that even before the global problems begun. People don’t want the Hollywood movie inspired divorces and court rooms filled with tears and curses, if the couple has a kid and cares about him, there is no need to add extra pressure on the youngest family member. The couples with kids and lawyers also should not forget that as soon as the divorce battle smoke clears, the remaining emotions lead to a thing that can bring new lawsuits and costs - Custody

Even the celebrities in 2008 made some kind of a divorce preview, the lawsuits were multimillion and the geography was a bit outside of the sunny California; UK (Guy Ritchie, Paul McCartney) and Canada (Shania Twain) were also touched. The stars were basically showing the hard times worldwide. If we take the movie, the crisis and the increasing numbers, it is clear that the lawyers can expect a very busy week.

These days with development in information technology and subsequent advancements in the communication, transportation and in fact every sphere that one can think of, the interaction between people has increased manifold. People are now able to travel much more quickly and frequently than they used to in the earlier days. This increase in interaction and communication is bound to have positive as well as negative ramifications. The way the life of an average human being has changed and metamorphosed into something of a struggle and accomplishment, it is quite natural that there would be conflicts of different natures that would afflict the human society. In the society that is ripe with fights and conflicts, naturally there would be a requirement of a proper and an honest system of justice. The need of a justice system would definitely lead to the need of qualified and competent lawyers. But there is no need to worry.

The advent of internet has made the job of getting a good lawyer to fight your case a lot easier. There are many legal companies that advertise about the lawyers that are available with them on the net. Anybody who is involved in some kind of a struggle or a legal battle can easily find a lawyer to fight their cases. One just needs to log on to the net and browse through all the legal companies’ websites that are available on the net. The lawyers that these legal companies have are quite competent and know the nature of their work. Be it an accident or an injuries lawyer or a personal lawyer, or a divorce lawyer. Lawyers specializing in all the areas of law can be easily located on the net.

Marriage as such is a very important institution in the human society. Two individuals decide to spend their entire lives together in each other’s company and they formalize the union. But somehow due to some circumstances many marriages do not proceed the way they were intended to. Divorce has become a common phenomenon these days. The reason for a divorce could be any.

In Canada the divorce law is a federal legislation and is on the grounds of separation that is living apart and separate for a year, adultery, and cruelty. Majority of the time it’s the case of living separately for a year that is held as the ground of divorce in Canada. There could be other reasons too. Sometimes going to the court could be perceived as complex and difficult that the option of staying apart for a year is the most cost effective alternative for some. People generally wait for their one year separation and are aware of the fact that in Canada if there is a separation agreement the divorce would go uncontested. The divorce lawyer then files the necessary paperwork with the courts which is returned after a lapse of a few months. Sometimes while filling the application for a divorce the divorce lawyer in Canada would include cases of abuse and adultery. Specifically if a parent is involved and it has to be shown that the relationship had an effect on the children. Many a times the divorce lawyer also considers the monetary aspect if large amounts of money were spent on the other person or while traveling to meet that other person outside the country or state.

If you are convinced that your marriage can no longer function and want to file for a divorce then you can easily seek the help of a divorce lawyer. Whether it be a Divorce lawyer in Toronto or a Divorce lawyer in Vancouver, an experienced divorce lawyer with lawyearhead.ca can assist you with all the legal procedures. Post your case here and have lawyers contact you with your thoughts on how best to proceed.

Ontario residents beware: talking on your phone while driving is now a no-go. They’re also talking about taking away your iPod and other handheld devices while you drive, too, though that legislation is a bit further back in the pipe. Though, right now, according to The Toronto Star, you can no longer use your cell phone or blackberry while driving, or any hand-held GPS device (though apparently you may continue to use dashboard-mounted devices and hands-free cell phones).

Now, as someone who cannot SMS and walk to save my life, let alone manage a cell phone and drive, this seems like an eminently reasonable sort of ban. It’s not really that difficult to get into a car accident- like it or not, no matter how good a driver you are, there are many accidents that are just unavoidable. Distracted driving is just silly- you simply cannot respond as quickly to things like that deer, that four year old, that hairpin turn, when your mind is focused on typing a message on a 9-key keyboard with an inch-and-a-half square screen.

So, while I can sympathize, that it’s nice and convenient to be able to gab on the phone and drive, talking on a cell phone while driving is likely to land you a big ticket now, so I’d suggest laying off.

Of course, the Telecom industry has their PR people out doing some sort of opposition to this. Marc Choma, a spokesperson for the Canadian Wireless Telecommunications Association, thinks folks should use common sense. He also said, “The cellphone isn’t designed to broker your mortgage or speak with your divorce lawyer while you’re driving down the Don Valley. People should avoid unnecessary calls.”

Which, while reasonable, is obviously not what happens in real life. So, hopefully you can manage to leave the phone in your purse/pocket/whatever, or find some hands-free solution, and avoid a moving violation in the near future.

Distracted Driving PSA

While we already know that Madonna and husband-of-eight years, Guy Ritchie, are on the splits, there’s been some… rather public bashing these past few days. While Madonna’s publicist refuses to comment on the ongoing divorce negotiations, Madonna herself has made a few, er, choice comments, and Guy Ritchie’s father has responded by calling the pop star “Beastly”.

While Madonna and Guy Ritchie’s divorce lawyers hammer out the division of the couple’s over $500 million in assets, the two also get to compete for the silver screen! Films directed by both halves of the former couple are out now, to… tepid reviews. (Though apparently some reviewers forgot to note that the two are now apart. How embarrassing!).

Of course child custody must be a big part of these negotiations, particularly of the couple’s two children, Rocco, 8 years old, and David Banda, now 3. Madonna has a 12 year old daughter named Lourdes from a previous relationship. David Banda, of course, is the child Madonna and Ritchie adopted from Malawi in 2006… whose father is now expressing concern over the child’s well being, as the famous couple go through their divorce. While he likely lacks the legal right to claim custody of the child, and it seems unlikely the child will go from either of his adoptive parents’ mulit-million dollar homes back to poverty in Malawi, Yohana Banda’s certainly giving his biological son a wonderful present for when the kid’s old enough to use Google.

So while Madonna (or Madge, if you prefer) has fun calling Ritchie ‘Emotionally Retarded’ in front of crowds of her cheering fans, and asking her friends to cease all contact with her soon-to-be-ex husband, we can all enjoy the insanely public fallout of our Material Girl’s marriage and social life.

Why is this so enjoyable to watch? I’m not sure if it’s just shadenfreude- there’s something about watching the woman who once sang ‘material girl’ with such gusto, and now professes a strong interest in Kabbalah, this woman who’s been singing sexy pop for longer than most of us care to remember, go through something so… normal as a messy divorce. Yeah. That’s it. Madonna: sex symbol and everyman. And now, no longer “Mrs. Ritchie”.
(MSNBC)

Almost everyone at some point in our lives would require the services of a lawyer. For some, the requirement might be as basic as having someone to give legal advice before transferring or buying a property, creating a will or getting a legal opinion before commencing with a business deal. For some unfortunate ones, the requirements are more complex like getting a divorce lawyer, a criminal lawyer or getting the best possible lawyer before proceeding to take legal action against a company or an individual.

Whatever may be the requirement, one thing that almost all of us would unanimously agree is that searching for the right lawyer can be a real pain. In fact for most people just the thought of soliciting the services of a lawyer is enough to give them sleepless nights and most just dont know where to begin or how to go about contacting various lawyers and choosing the best one for their requirements or unique situation.

If you are one of those individuals as well who just dont know what to do in order to search for the best lawyers, then welcome to the world of web 2.0. The internet has already changed a lot of things in our lives like the way we communicate, the way we shop, the way we research about a particular subject etc. But now the next wave of internet websites, popularly known as web 2.0, are changing things even further and one of those is how we look at law, understand legal situations and best of all, how we solicit the services of a lawyer.

Lawyerahead Inc. have made the general public much more comfortable with all aspect of the law and made them realize the law is there to help them and is nothing to be scared of. One of the great features of Lawyerahead.ca and Lawyerahead.com sites is normal users can register for free and post their problems or grievances and not only can they get advice from fellow users, they can get accurate legal advice from real lawyers who are registered users of the website. You can even have lawyers who specialize in the field in which you have a problem contacting you and offering their services.

You can find lawyers of absolutely any specialization in these sites from personal injury lawyers to divorce lawyers, criminal lawyers, business lawyers, lawyers specializing in real estate, insurance, immigration, employment etc. The list is absolutely endless and you can not only have lawyers contact you, but the websites actually list the lawyers entire details like their specialization, distance from your postal code to their office and their exact location. Apart from this, any user can access the lawyers entire profile which has detailed information on their practice, experience and traditional resume.

Never before has interacting with a lawyer of your choice been so easy. Even those who have never interacted with a lawyer before are finding it really simple to now get expert legal advice and judging by the growth of these legal networking sites, it can be clearly seen how comfortable everyone has become with legal issues using web 2.0.

Family law comprises of both – divorce and family violence issues.

Canadian family law covers issues on which a case could be filed as well as the punishment to the accused person can be given.

Canada’s Divorce Act applies in all the parts of Canada. Some of the grounds on which divorce case can be filed include:

• Spouses have lived apart for at least one year

• The defendant spouse has committed adultery

• The defendant spouse is mentally or physical assaulted by the plaintiff spouse

Some of the clauses considered by court in case of divorce are:

• Reconciliation is encouraged

• Division of Property

• Custody & Access - Best interest of child, involvement of both parents is encouraged

• Child Maintenance

• Federal Child Support Guidelines

• Spousal Support, Alimony

• Rewriting Divorce Contracts

• Enforcement of Child and Spousal Support Payments

• Provincial Family Maintenance Enforcement Programs

Want to solve all or any of these problems? Visit Lawyerahead.ca. It is a platform for clients to find lawyers. Post your family case and have lawyers contact you, interact with the community and learn more about other’s experiences with family law.