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Reforms help ease marriage breakup sting Walinga A HERALD September Page Even though it might well be the best thing to do In the long run the break up of a marriage can pose one of the moat traumatic experiences a person can face in or her lifetime but as Hal ton lawyer Jack points out recent reforms in the pro wide and varied body of legislation pertaining to marriage and the family can at least take away some or the often bitter legal sting sur rounding divorce or separa tion In the second of four presented by the Halt on Hilts Community Legal Aid Clinic at its Wesley an Street Georgetown office Mr Walinga explained that the Family Law Reform Act 197B has changed the concept of marriage and legally a marriage Is a part nership Whether Intended or not the Act appears to support the idea that couples married or living together in a common law relationship should draft and sign a legally binding witnessed document out lines what each spouses duties and responsibilities arc in the unfortunate event that the partnershipcol lapses from death or mutual agreement CONTRACT TERMS Terms which might be included In the contract include support obligations rights to property and child- rearing duties during the marriage and in the event that it Tails There are still some things which cant be detailed In a marriage or cohabitation agreement like who gets custody of kids after the marriage breaks up Thats discussed and settled under a separation agreement Indeed the contract is a legally binding document Marriages however which are not bound by this kind of contract and suddenly face imminent destruction are covered by other parts of the Act which automatically kick in when the partner ship ends Mr Walinga said While the Judge hearing a separation case con settle property disputes by giving the family assets the other for the most part property is divided equally A marriage contract would settle who gets the car the lownmowcr or the thc law looks at the problem more or less as matter of dividing up Once the division Is done- even if part of the property may increase in value over the yearsyoure stuck with it Mr Walinga said Spouses involved in the break up of a common law relationship arent as well protected under the Act No statutes kick in to settle the properly disputes equitably But precedent setting cases suggest that if one spouse can prove thai he or she has made a major Investment in building up the family assets a fair snare may certainly bo award ed Although the common law relationship is again excluded from this next fact the matri monial home cannot be sold without the consent of each spouse nor can it be rem or t- However Mr Walinga said a judge may give one spouse exclusive possession of the home during a separation If there Is some threat of a violent confrontation to decide who stays and who goes Support payments arc another aspect of the law which has undergone a considerable amount of change recently Usually one thinks of support as some thing in a separation or divorce settlement affecting only the spouses and their children Now under the Act children can sue their parents for support and parents can sue children over the age of IB to ensure that they have enough to live on without going on But you have to at least go out and try and support your self Mr Support and division of the property used to be based on who was the villain the separation Judges now pay close attention to the financial circumstances of the spouses considering who can afford the payments and who will need them the most Children are required to support their parents he added especially if a child Is doing extremely well There arc support laws far people living in common law relationships Two people liv ing together for five yean are legally considered law man and wife but the arrival of youngsters at any time during the living together arrangement speeds things up a bit Suddenly the couple are parents and whether or not the relationship Is blessed by the church or the state a kind of marriage has been formed If It doesnt work out some one may be liable for support payments Again there Is one catch for common law spouses If support claims arc to be mode they must be done within a year of the separation Morrl spouses can lodge a support claim against each other any lime after the relationship breaks up Unfortunately the law may not succeed In overcoming obstinate human nature A spouse can continue to go to jail for contempt of court If he or she refuses to obey a order although a judge can order to have the payments docked from a spouses wages Tonight legal clinic lawyer David Craig will discuss claims court a relatively Inexpensive cost wise forum In which Individual may bring a small crisis to court possibly avoiding becoming entangled In the legal hierarchy Seminar begins at Fourday hunt irks region The deer hunt Issue which generated a storm of contro versy earlier this summer may be revived today Wednesday as regional council protests the hunts extension from three to four Members of the regions planning and public works committee last week endorsed a recommendation formally expressing Hn lions anger that the hunt has been lengthened arbitrarily by the provinces natural resources ministry It took nearly twomonths of Intermittent teat commit tee and council as well as lobbying from prohunt groups countering the formidable opposition mustered by anti hunt representatives to pass this years hunt proposal In July Under conditions attached to the resolution the threeday hunt was approved but only if the same number of hunters are allowed to hunt In the region In addition council asked for additional patrols during hunt season at the Upper Canada College property outside of an area which College officials main tain saw Increased trespass- by hunters last year The Agricultural Advisory Committee was also asked to According to Cambridge MNR district manager Cation the decision to go from a threeday hunt to a fourday hunt was made by the southern Ontario provincial deer committee Another letter from the ministry written by fish and wildlife supervisor Gary Tup explains that the ministry attempts to hunting seasons as much as possible region has received the benefit of several Mr Tupllng states in his letter especially noting that per cent of the hunters were chosen from the region Wo trust the region realizes that province has accom modated their requests where practical and feasible Open only to shotgun and loading rifles powder fourday hunt will take place Nov to The archery season opens Oct 19 and runs until Dec 13 When council discussed the hunt recommendation submit ted by the committee ministry biologist Nancy Tilt acknowl edged that province was considering a tourday hunt The ministry Is not obliged to ask the region for permission to operate a hunt In the area or make changes lo length aooooooooooooooooooooooooooooooooooe EXCITING NEWS FROM STEPRITE SHOES rBhde Exclusive new 1981 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