Legal Beagle


*Please note, “Legal Beagle” articles are general legal guidelines and are not meant to replace legal counsel. Please see your local Paralegal, or Lawyer for detailed case-by-case information.


Step One: The Divorce

Marriage Breakdown

THERE ARE ONLY TWO WAYS TO GET A DIVORCE
Click here The easy way - - Uncontested Divorce:
or
Click here The hard way - - Contested Divorce

Divorce in Canada is controlled by the Divorce Act

However each province also has its own Family Law Acts, which will affect your divorce in some manner.

Divorce is granted in Canada for one reason. Marriage breakdown.

Marriage breakdown is based on one of the following three "grounds." There are just three grounds for marriage breakdown: Cruelty or Adultery, or Separation for one year. Any one of them is sufficient for divorce. You do not need to have more than one ground.

  • Separation for one year:
    You have lived "separate and apart" for a year having decided the marriage is over. Living "separate and apart" does not necessarily mean living in separate homes. You can live separate and apart while sharing a home.

It is also possible to claim that although you only recently moved out and live in a different home, the marriage broke down and was essentially over at some time in the past, regardless of living arrangements

You do not need a separation agreement to prove separation.

  • Adultery:
    Your spouse has had sexual intercourse with someone else and you are not going to forgive her/him for that.
  • Cruelty:
    "Cruelty" can mean just about what ever the woman wants it to mean. If she claims it is unbearable to continue living together, the courts will probably accept that. Cruelty may include physical or mental "abuse."

Unfortunately many women's groups coach women on how to manipulate the system by claiming abuse, or be unfair regarding support, whether it is true or not, or out of spite and revenge; DO NOT put yourself and your children through this mess. Stick to the truth and the facts.

You should seriously consider using Separation as your ground for divorce. Most divorces in Canada are based on the grounds of separation for a year or more. Proving cruelty or adultery will be expensive, slow, frustrating and very difficult. Most people find it faster, simpler and much less expensive to simply separate for a year and then plead Separation as the grounds for divorce.

How do you determine when the one year waiting period started and ends?

The clock starts running when you decide that the marriage is over and there can be no reconciliation. You do not have to be physically living in separate homes to be "separated." Your separation can mean living in separate bedrooms, or as one of you moving out and living elsewhere. A separation agreement is a good idea as it will help you resolve property, custody and support matters. However you do not need a legal document that says you are separated, as there is no "legal separation" in Canada.

A Long Separation Doesn't Mean You're Divorced

Some uninformed people will say that if they are separated for a long period of time, say ten or twenty years, that their marriage is nullified. This is not true. Marriages do not just disolve or evaporate. A divorce granted by a judge is the only way that your marriage will be terminated under the eyes of the law.

Divorcing When You Didn't Marry In Canada

If you didn't marry in Canada, you can still legally get a divorce here. Divorce in Canada is based on residency, not the place of marriage. So, if you or your spouse has lived in Canada for at least one year you can obtain a divorce here. Citizenship: You do not have to be a Canadian citizen to apply for a divorce in Canada. You must reside here. Canadian Divorce Laws

The Divorce Act is a federal law made by the Parliament of Canada, administered equally across all provinces and territories. Only the superior court of each province has jurisdiction to deal with a Petition for Divorce. There Are No Winners in Court: Getting involved with the courts in a contested divorces is a lousy, destructive, enervating, expensive, frustrating, and time wasting nightmare that will last for years.

Do you know, for example, that a prolonged divorce or family court battle often will wipe out your resources completely? Can you afford to spend $30,000 or more on legal costs? How would that help your children? Or be in their "best interests?" Dealing with divorce is very trying and hard on both parties. It is not just the divorce, it is also the custody and access battles that follow and drag on for years. Dealing with the many unknowns.

How do I file for divorce in Canada?

You can do your own "uncontested" divorce, using separation for one year as the reason. You will have to do some leg work and follow simple instructions, but it can be done cheaply and quickly. If your divorce is simple and there are no major problems, you can do it yourself and seek an uncontested divorce with or without the help of a lawyer or paralegal. BUT, regardless it is prudent to spend a little money and consult with a divorce lawyer and have your options explained before you act A lawyer will explain how the law applies in your situation and how to protect your rights. You can then choose the right course of action for your situation. You can file for divorce with or without the involvement, consent or cooperation of your spouse.

BASIC TYPES OF DIVORCE

  • Click here Uncontested Divorce: You file the forms for divorce and if your spouse does not file a response, then the divorce becomes uncontested. You probably will not even have to appear in court. Usually a judge will just rubber stamp the divorce so long as there is no glaring unfairness or inequity in the proposed divorce arrangements. You cannot file an "uncontested divorce." The court determines this based on your filings.
  • Click here Joint Divorce: If you and your spouse agree on most or all of the issues you have an uncontested joint divorce. When both parties sign, and swear to the divorce papers the divorce is mutual and you are telling the court that you both want a divorce and agree on the terms you set up.
  • Click here Collaborative Contested Divorce: A Collaborative contested divorce occurs when the parties cannot agree on all of the issues, but are willing to negotiate through lawyers to solve all problems and all agree not to go to court.
  • Click here Contested Divorce: A contested divorce occurs when the parties cannot agree on all of the issues. This is where lawyers get involved. A contested divorce will involve considerable time, money and frustration. They often turn into major battles and both parties end up losers.

Common Steps to Divorce.

  • Decide to Divorce.
  • Research.
  • Attend to property issues.
  • Decide if you need a lawyer to prepare your divorce documents.

Each province has it's own way of doing things. Basically in each province the steps are:

  • File your first set of papers in the right court.
  • Wait for clearance from the Divorce Registry in Ottawa.
  • While you are waiting you conduct 'service' on your spouse according to the rules of court procedure.
  • Wait the prescribed number of days and hope the other side does what you want.
  • File the second set of papers and your Affidavits.
  • File Motions and financial statements as requested.
  • Wait for a court decision

When are you divorced?

Divorce becomes final 31 days after the judge signs the order.

Once the judgement is final you can apply for a certificate of divorce.

You cannot remarry until you have that certificate.

Donna Kaye

© Copyright, 2010 Main Street Magazine/Rain Enterprises

As seen in the June Issue of Main Street Magazine.

Printed in Canada, ISSN: 1920-4299 by Rain Enterprises

To find out how to receive your free copy of MSM check out

www.mainstreetmagazine.net

Jewellery Making - How to Use a Beadboard

Introduction - A Bead Stringer's Best Friend

A bead board can be a bead stringer’s best friend. Though they aren’t 100 percent necessary, using a bead board to help design and string beaded jewellery can be an enormous help and time saver. For the most part, they are very easy to figure out, but this quick tutorial will give you a few steps and tips to help you find your way around a bead board for the first time.

First, there are a few different types of bead boards, but most will at the very least have one long groove around the board where you set your beads as you prepare to string.
On either side of this groove are markings and numbers. Each long mark represents an inch, and each of the shorter marks represent a half inch.

These markings help you determine the final length of a piece of beaded jewellery. In the center of the board, are small extra compartments where you can store beads as you work.

You’ll also find some bead boards have more than one groove. This is helpful if you plan to string a beaded piece that has more than one strand. With multi-strand necklaces and bracelets, these grooves will help you ensure that they are the same length or in graduated lengths, depending on what you want to design.

First Step When Using a Bead Board
Once you have your bead board ready, it’s time to select your beads and start to add them to the groove in the board. At this point, don’t worry about length or what goes where, just get your beads together and start adding them to the board.

Next Step - Arranging the Beads

The next step is to start determining where you want to place your beads in the design. If you already have a pattern to follow, great, just go ahead and put them in the correct order on your board. However, if you are not sure what pattern you plan to string yet, this is when a board becomes super handy. Just play with the arrangement of your beads, moving them into different configurations until you find a design that you like.

Start Stringing Beads
Now you’re ready to go ahead and string up your beads onto your chosen stringing medium. The string pictured here is actually beading wire. On either side of the strung beads are bead stoppers, fabulous little gauges that help make sure you don’t lose your beads before you’re ready to finish.

You’ll notice that I have the strung beads back on the bead board. This is because it’s a good idea after stringing to double check that you have the desired length. You’ll also notice that my strand is a little longer than 6 inches. This is because I am allowing about 1 inch or so for the clasp. This is something to always consider before finishing a piece of beaded jewellery.
You’ll notice that I have the strung beads back on the bead board. This is because it’s a good idea after stringing to double check that you have the desired length. You’ll also notice that my strand is a little longer than 6 inches. This is because I am allowing about 1 inch or so for the clasp. This is something to always consider before finishing a piece of beaded jewellery.
Once you have determined that your beaded jewellery item (necklace, bracelet, and anklet, whatever it is) you can remove the piece from the bead board and finish it off using your choice of finishing technique, such as a crimp bead or a bead tip. The bracelet pictured was finished off using crimp beads.

© Copyright, 2010 Main Street Magazine/Rain Enterprises
As seen in the June Issue of Main Street Magazine.
Printed in Canada, ISSN: 1920-4299 by Rain Enterprises

To find out how to receive your free copy of MSM check out
www.mainstreetmagazine.net

Footsteps Across the Continent

Australia

There are more jaw-dropingly gorgeous places to see Down Under than we know what to do with. Sure some you have to battle the crowds to get a glimpse of, but all great things take time to see right?

But what if there are a couple secret places that the Aussies love to keep for themselves? Let’s take a few ‘footsteps’ along these secret areas of Australia that are sure to become part of your bucket-list!


MYALL LAKES NATIONAL PARK

Myall Lakes National Park conserves one of this state’s largest coastal lake systems, Myall Lakes and 40 km of beaches and sand dunes.

The vegetation consists of heath lands, rainforests and swamps and the park is home to wildlife such as kangaroos, wallabies, egrets, herons and 15 amphibian and 16 reptile species.

The landscape is dominated by wetlands and sand dunes. Many of the park’s walking tracks such as Dark Point Trail, across the sand dunes, and Mungo Brush Rainforest Walk are extremely scenic. Stoney Creek Road is a picturesque cycling trail. Visitors can enjoy water sports such as canoeing, sailing and kayaking in the extensive number of lakes. Boat-based camping at Johnsons Beach and the camping grounds at Boolambayte Lake are very popular with Aussie locals.

One of New South Wales largest coastal lake systems - and an official Ramsar Wetland of International Significance. The Grandis, a magnificent 76 m high flooded gum, is one of the tallest trees in the state. The Myall Lakes National Park incorporates 31 562 ha of headlands, forest, swampland and a staggering 10 000 ha of coastal lagoons. These lagoons - Myall Lake, Boolambyte Lake, Two Mile Lake and The Broadwater - are linked by narrow straits which form a continuous waterway joined to Port Stephens by the lower Myall River. Between the lakes and the sea, are high sand dunes and 40 km of almost unbroken beaches.

The ferry at Bombah Point leaves every half hour from 8.00 am - 6.00 p.m. The car ferry transports you across to Myall Shores, from this point a walking track leads to the mouth of the Upper Myall River. A very poor quality unsealed road leads to the township of Bulahdelah just 15 kms away.

Things to do

· Camp, caravan or use the boat ramp at Mungo Brush (seasonal)

· Camp at Korsmans Landing at Two Mile Lake

· See numerous Aboriginal middens on the coast and Broughton Island

· Choose a fishing or dolphin-watch cruise

· Boats & houseboats can be hired at Tea Gardens, Bulahdelah or Nelson Bay

· Hire a canoe, sailboard, power boat or catamaran at Myall Shores campground

· Walk the 21-km Mungo Track to Mungo Brush

· Walk Dark Point Walk & Wildflower Walk-best between August & October

· Dive Broughton Island or Little Gibber

· Spot lorikeets, wattle birds, honeyeaters, bowerbirds, kookaburras, green catbirds, little terns, ground parrots, tawny frogmouth, kangaroos, echidnae, lace monitors, koalas, sugar gliders, ring-tailed possums, carpet pythons, flying foxes, bandicoots, marsupial mice and dingoes

Bungle Bungles

One of WA's key attractions is Bungle Bungle (Purnululu) National Park. Only reachable by 4WD vehicle (there are no sealed roads to the park) in the wet season (Nov-Mar) the area is inaccessible. These ancient, rounded, orange and black-striped sandstone formations of the Bungle Bungles are truly spectacular. This is one of the best areas to take a scenic flight to appreciate the enormity of the landscape

Purnululu National Park the Bungle Bungle Ranges was discovered by white men only in the 1980s late twentieth century! And ground access into the extremely remote range was almost never achieved.

Clearly visible from the air, but without tracks or trails, it took the pioneering ingenuity of an East Kimberley family man: a spotter plane; sacks of flour; lots of patience and a four wheel drive vehicle to find a reasonable and safe entry into the wonders of the Bungle Bungle Range.

The spotter plane flew low
and carried sacks of flour, which were thrown out from the aircraft to mark the most accessible route into the Bungle Bungles. The 4WD vehicle followed the white dusty flour trail through the brilliant red earth and found a way into this most splendid natural creation.

The Bungle Bungles Experience
Purnululu is truly one of nature’s cathedrals
and to take a helicopter flight over Purnululu is to understand what awesome means. Experiencing the Bungle Bungles in this way will tell you that no mere camera will ever do it justice please see and feel the Bungle Bungles.

Access
The Bungles are a hidden world of magnificent gorges, tropical pools, dramatic caves
and Aboriginal rock art 250km south of Kununurra, off the Great Northern Highway.

The access road to the Bungles is unsealed
and is only suitable for large 4WD vehicles. The access road is only 55 km long but takes some 3 hours to travel in reasonable conditions.

The Bungle Bungles can be reached by plane or helicopter. Alternatively, a specialist L
andcruiser 4WD Self Drive Holiday package from Kununurra or Broome is the perfect way to properly feel the Kimberley: with a couple of nights stopover in the National park; accommodation and meals and an optional helicopter flight available from the remote camp inside the National Park.

The joy of a flight by helicopter or light aircraft will remain with you forever
and be a constant reminder of the awesome beauty of the Purnululu National Park in the East Kimberley.

Purnululu means s
andstone in the tribal language of local Kija Aborigines. The Bungle Bungle Ranges are usually closed to traffic from January to March to protect the fragile sandstone during the Kimberley wet season. Extreme care must be taken to keep to the marked trails when walking through the National Park in order to preserve the fragile, ancient range.

Bungle Bungle Stripes
Over the span of 350 million years, rivers washed s
and and pebbles into the area, layer-upon-layer, and the sand was ground finer and harder together until it formed sandstone rock. Strong winds and heavy rains have eroded the sandstone away to form the dome shapes we see today. The Bungle Bungles gain their tiger-stripes from black algae growth that permeates the more porous layers of the rock, and a glossy orange build up of manganese and iron staining. Standing within these domes, you can’t even begin to fathom the time it has taken for this process to occur.

Piccaninny Creek

Here, gorges, gullies and caves are the products of this evolution; tourists visit the Bungle Bungles in particular for some places of spectacular interest; Piccaninny Creek on the southern edge, a winding 12km gorge within the high walls of the domes.

Cathedral Gorge

Cathedral Gorge is a spacious cavern rising high into the sky that will make anything insignificant for that moment in time. The walking tracks at Echidna Chasm run for 1.5 to 3km long and make for an interesting hike along a narrow gorge quite different to the other side.

Permanent waterholes
and remnants of tropical rainforest are found at Frog Hole and Mini Palms gorge.

Whichever way you visit the Bungle Bungles, it is imperative to make the Ranger Station aware that you are entering the
Bungle Bungles National Park. Please take care, leave no rubbish behind, keep to the trails and never climb on the ancient and fragile sandstone structures of the Bungle Bungle National Park.

This world offers us so many treasures, and as any treasure hunter knows, sometimes you have to take that ‘footstep’ off the path. Most locals are proud of their birth place and will be happy to show you the ‘real’ culture and hidden gems if you ask.

As always when travelling, be safe, use common sense and respect the environment, culture and traditions of where you are! If you are unsure, ask, and seek out resources such as the local Ranger’s office to help make your stay adventurous and safe.

Be sure to tell us about your footsteps across the globe, and a hidden gem that you think must be shared!

© Copyright, 2010 Main Street Magazine/Rain Enterprises

As seen in the June Issue of Main Street Magazine.

Printed in Canada, ISSN: 1920-4299 by Rain Enterprises

To find out how to receive your free copy of MSM check out

www.mainstreetmagazine.net