Certified Specialist in Family Law, John Schuman, looked at separation agreements sold online and found they were full of basic errors in law.  People buy these agreements looking for a quick and easy way to bring finality and certainty to their separation.  But instead, these agreements contain many serious legal errors that can render the agreement useless and put the separated spouses, and their children, in jeopardy.

In this edition of the Ontario Family Law Podcast, John Schuman, goes over an online separation agreement from a Canadian company and explains some of the largest legal errors contained in it.  He shows how the agreement gets basic legal concepts wrong with respect to:

·      Parenting/child custody

·      Child support

·      Financial Disclosure

·      Spousal support

·      Pension division

·      Tax implications of separation

Do not use an online separation agreement, and certainly do not pay for one, until after viewing this episode.   This episode could also be the next installment in the “Things Everyone Gets Wrong About Divorce Law” series and is a useful refresher on several basic Ontario Family Law concepts, even for people who would not use an online separation agreement.  As John points out, using these online separation agreements may be the same, or worse, than having no written agreement at all.

A video version of the podcast, which shows the separation agreement describes is available on Youtube.

If you found this episode helpful or informative, check out these previous episodes:

·      85. 4 Things That People Get Wrong About Divorce Law

·      83. Family Law Strategies that Fail … and tips to succeed in divorce

·      82. Mistakes People Make When Doing Their Own Separation Agreement

·      81. Can Separated Parents Agree to No Child Support?

·      79. What Am I Legally Required To Do First After Separating?

·      72. Why a Judge Might Refuse to Grant Your Divorce

·      59. Why You Won’t Get Custody of the Kids

·      54. Child Support Does Not End at Age 18

·      52. How Are Pensions Divided in Divorce?

·      42. How to Get a “Legal Separation” in Ontario

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Get it here: ⁠http://www.schumanlaw.ca/family-law-guide.html

A lot of information posted on the internet about Family Law is simply wrong, often posted by people who lost their case. There are clearly a lot of serious misconceptions about Family Law out there from how property is divided to what being common law means, to parenting to support matters. People who have bad information can make bad decisions. So, in this episode of the Ontario Family Law Podcast, a trusted source of about Ontario Family Law, Certified Specialist Lawyer John Schuman, will go over some things that ordinary people get WRONG about Family Law.

This episode explains what parents need to know, from a legal persepctive, when signing their kids up a private school in Ontario. In choosing a private school, parents are choosing an education that is very different from that provided by public schools. Many parents incorrectly assume that Ontario private schools take all the standards that are supposed to apply to public school and build on them to create a more rigourous and more enriching education for children. The reality is that Ontario Private Schools do not have the same curriculum, rules or standards that public schools do. The Ontario Government allows a lot more choice when parents choose a private education.

- Do Ontario Private Schools Have any Standards?

There can be a lot of anger and other emotions in separation and divorce.  Some separated spouses head to a lawyer’s office, or to Family Court, in the hope that they can force their ex to live in a box under a bridge.  Some even expect that if they spend exorbitantly on legal fees for an aggressive lawyer, they can force their wives and children into homelessness.  Ironically, using aggressive, or uncooperative strategies in the hope of intimidating, wearing down, or outlitigating a former partner often backfire with the party trying to use them losing BIG.  

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family  Law, John Schuman, goes over ten of the strategies that led to the most decisive family court defeats and explain the best ways to do better than your ex in Family Court, because the best strategies are not obvious. This episode is also available in video format on YouTube.

If you found this episode interesting or helpful, you might also be interested in these episodes:

82. Mistakes People Make Doing Their Own Separation Agreement

79. What Am I Legally Required To Do First After Separating?

72. Why a Judge Might Refuse to Grant Your Divorce

60. Should I Take My Ex to Family Court?

59. Why You Won’t Get Custody of the Kids

53. How to Pay Less Child Support

40. How to Keep Your Money in Divorce and Separation

36. Is Family Court Biased?

34. Disclosure in Family Law 

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available  as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. 

After separating, many spouses and parents try to work out the issues between them on their own, and to make sure that what they decide “stays decided” they put it into a written separation agreement.  The recent changes to the Family Law Legislationencourage people to work out their issues without going to Family Court.  But, if the parents or former spouses do not do their agreement totally properly, section 56 of Ontario’s Family Law Act, and several court decisions says that a judge can throw out the agreement and leave the parties without anything settled.  The rules for separation agreements are specific to each province, and so taking an agreement off of the internet is unlikely to result in a binding settlement.  Agreements actually have to be specific to the situation of the parties, and address that situation in light of the technicalities in Ontario Family Law.  People who do not get at least some help with their separation agreement from a Family Lawyer often find that they do not have an enforceable agreement at all or, worse, they are bound to an agreement that is bad for them in light of Ontario Law.

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family  Law, John Schuman, talks with Family Lawyer, Katelyn Bell,  about the common mistakes that people make when they write their own separation agreement and what the effect of those mistakes can be.  Anyone who is contemplating doing their own separation agreement should  pay close attention to the content of this episode. A video version is available on YouTube.

If you found this episode interesting or helpful, you might also be interested in these episodes:

79. What Am I Legally Required To Do First After Separating?

72. Why a Judge Might Refuse to Grant Your Divorce

60. Should I Take My Ex to Family Court?

59. Why You Won’t Get Custody of the Kids

44. Can You Be Better Off Financially By Getting a Divorce?

42. How to Get a “Legal Separation” in Ontario

40. How to Keep Your Money in Divorce and Separation

34. Disclosure in Family Law 

24. How to Have a Valid and Enforceable Separation Agreement in Ontario

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available here as an e-book and on Amazon as a paperback. 

After separation, many parents feel it is just simpler to agree there should be no child support than follow the law. Child support is often a point of controversy after parents separate.  Even though the Federal Government designed the Child Support Guidelines in 1997 to bring objectivity and predictability to setting the amount of child support, and has updated the support tables several times to reflect the costs of raising a child, many people disagree with the amounts set, or even the concept of child support. Some parents pursue shared parenting only as a strategy to avoid child support.  It is common for parents to try to resolve matters after separation without a requirement for child support. In this episode of the Ontario Family Law Podcast, the host, Certified Specialist in Family Law, John Schuman explains in what circumstances parents can agree to waive support, when they cannot and the possible consequences for doing it wrong – even when the parents have an agreement.

A video version of this podcast is available on YouTube.

If you found this episode helpful, check out these other episodes on similar topics:

79 - What Am I Legally Required To Do First After Separating?

76 - Why Your Income for Taxes May Not Be Your Income for Child Support (or Spousal Support)

66 - How to Change Child Support

54 - Child Support Does Not End at Age 18

53 - How to Pay Less Child Support

44 - Can You Be Better Off Financially If You Divorce?

40 - How to Keep Your Money in Separation and Divorce

10 - Child Support in Ontario/Canada: Who Pays and How Much?

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available  as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.

If you are stuck with a house full of your ex’s stuff, or even with your ex’s stuff taking up valuable space in your home, you are not alone! Family Lawyers very frequently hear the question: “When can I throw out my ex’s stuff?”  Many “exes" seem to like to use their former partner's home as free storage for months, or even years, as they think Ontario’s Family Laws require their former partners to look after the  stuff they left behind at the end of the relationship.  Well, that is not often the case.  But the partner left with the stuff has to be careful to avoid getting in legal trouble.  So, in this episode of the Ontario Family Law Podcast, the host, Certified Specialist in Family Law, John Schuman, asks Family Lawyer, Katelyn Bell, about what Ontario Law says about when someone can throw out, or sell, their ex’s stuff.

If you found this episode helpful, check out these other episodes on similar topics:

79 - What Am I Legally Required To Do First After Separating?

44 - Can You Be Better Off Financially If You Divorce?

40 - How to Keep Your Money in Separation and Divorce

29 - Common Law Separation and Property Division

9 - How is Property Divided After a Divorce in Ontario?

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available  as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.

Separating from a spouse or partner is, without a question, a very difficult and busy time.  It can seem like there are lots of things to do.  But what are separated spouses legally required to do first when they separate?  Since the answer is different from what may people think, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman goes over the legal duties people have immediately after separation. This episode goes over what separated spouses and parents must do to fulfill their legal obligations right after separating. This is all critical information that anyone considering separating from a spouse must know. 

To learn more on the alternatives to Family Court, check out this page on mediation and arbitration and this page on Collaborative Practice.

If you found this episode helpful, check out these other episodes on similar topics:

75 - When Can You Legally Stop Your Ex From Seeing the Kids?

60 - Should You Take Your Ex To Family Court?

59 - Why You Won’t Get Custody of the Kids

53 - How to Pay Less Child Support

51 - Who Pays the Cost of an Ontario Divorce?

44 - Can You Be Better Off Financially If You Divorce?

40 - How to Keep Your Money in Separation and Divorce

34 - Disclosure in Family Law Cases

14 - Ontario Family Court Step By Step - Part 1

15 - Ontario Family Court Step By Step - Part 2

10 - Child Support in Ontario/Canada: Who Pays and How Much?

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.

 One of the things grandparents fear the most is being cut off from their grandkids. Often other family members such as aunts, uncles, and cousins, feel the same way.  Some stepparents dread the thought of being denied contact with their step-kids if they separate from the parent of those children.  When the Ontario government made changes to the Family Law legislation in 2021, it made it specifically possible for these non-parent family members to go to court and get orders to let them see, and even make decisions for kids.

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how grandparents and other important people to a child can ask a judge to make an order permitting them to have time with the child, and perhaps even decision-making responsibilities.  He also explains the other consequences that can come along with those orders, such as a requirement to share personal information and even pay child support.   The process is a little more complicated than it is for parents, but going to Family Court is definitely a family option for a person who was important in a child’s life to go to court to get an order to reestablish contact.  A video version of this episode is available on YouTube.

If you found this episode helpful, check out these other episodes on similar topics:

75 - When Can You Legally Stop Your Ex From Seeing the Kids?

73 - How to Give to Your Kids, But Not Their Spouse/Partners

70 - Do You Have A Duty To Report to the Children’s Aid Society?

68 - Will Your Ex Get Everything If You Die?

60 - Should You Take Your Ex To Family Court?

59 - Why You Won’t Get Custody of the Kids

23 - Why You Need a Will

12 - How Step Parent and Grandparents Can be on the Hook for Child Support

10 - Child Support in Ontario/Canada: Who Pays and How Much?

8 - How Your Heart Can Get You Into Financial Trouble - Step Children and Matrimonial Homes

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. 

People engaged in Family Court litigation often express enormous frustration when their former spouses breach Family Court Orders.  Those breaches can mean the kids don’t have a relationship with a parent, can cause financial hardship, or, can drag family court proceedings to a standstill meaning nothing gets finished or finalized.  Judges repeatedly say that a court order is NOT a suggestion.  But are there really any consequences for breaching a Family Court Order?

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, goes over the consequences for breaching the various types of Family Court Orders.   The consequences for breaching a court order for child or spousals support are different from breaching a parenting (child custody) order.  There can be serious consequences for breaching a restraining order, while enforcing a court order for payment of money that is not support can be tricky.   Failing to provide court ordered disclosure can have serious consequences.  Judges can be more “enthusiastic” about enforcing some types of orders over others.  So, this episode covers what enforcement tools are available, and what enforcement tools are likely to be used, for each type of Order.   This is very important information for everyone with a case in Ontario Family Court because people usually go to court to force someone else to do something, so understanding how a court will, or will not, do that is important when making decisions about court.

If you found this episode helpful, check out these other episodes on similar topics:

75 - When Can You Legally Stop Your Ex from Seeing the Kids?

66 - How to Change Child Support

60 - Should You Take Your Ex to Family Court?

59 - Why You Won’t Get Custody of Your Kids

53 - How to Pay Less Child Support

40 - How to Keep Your Money in Separation and Divorce

34 - Disclosure in Family Law Cases

13 - Spousal Support in Ontario and Canada

10 - Child Support in Ontario/Canada - Who Pays and How Much?

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available here: http://www.schumanlaw.ca/family-law-guide.html