Approximately 48 per cent of all marriages in this country end in divorce. They can be bitter and attorneys say they’ve seen some couples scrap over a dime at the centre of a boardroom table.
Earlier this week, a bill was tabled by the Liberals to avoid that and if passed, will bring federal divorce laws into the 21st century.
“The new Bill C-78 does make it a lot more readable, a lot clearer,” said Mark Galambos, who is the owner of WMCZ law firm and family law attorney.
The hope is divorce will no longer be a war of words but a meeting of the minds with these amendments. The proposed changes will be the first time in two decades that changes will have been made to the Divorce Act.
“We’re wanting to provide as much clarity in terms of what we mean by the best interests of the child, clarity in terms of what we mean in terms of domestic violence and clarity around relocation,” federal Justice Minister Judy Wilson-Raybould said.
An overhaul of the Divorce Act will spell things out in plain language, to help couples who want to pull the plug on their relationship navigate their own family-law disputes and even self-represent.
“What this act now does is defines certain terms in certain ways and certain criteria in other ways,” Galambos explained.
“Now, one reading through the Divorce Act is going to really explain to a person, for example, what the best interests of their child are going to be, when they’re in front of a judge.”
Terminology will change from “custody” and “access” to “parenting time” or “parenting orders” to promote less conflict among couples and protect little ones involved.
There are more than two-million children whose parents are either separated or divorced nin Canada.
“The child’s voice is something that is going to be considered when looking at what the best interests of the child are, where previously that wasn’t necessarily the case,” Galambos said.
“You’re going to see things like the child’s cultural, spiritual background being included in what could be in their best interests.”
The bill also introduces a definition for family violence, which is not just physical abuse but property damage and financial damage caused by a spouse.
Another big issue, experts say, is mobility applications when one partner wants to move elsewhere with the children.
“The ultimate goal of this is, less conflict, less time in front of the courts, more time in face-to-face mediation or collaborative sessions and less conflict that results in negative impacts on the children,” Galambos said.
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