Revenge Websites

Separation between partners can be devastating but online revenge websites can make the experience traumatizing as is the case for Desiree Capuano.

Capuano’s ex-husband Patrick Fox has assembled a website targeting his ex-wife throughout their custody battle for their son.  Fox has outlined Capuano’s sex life and painted her as a drug – addict and white supremacist. Although Fox was arrested by the police for harassment he was discharged as the judge found that there was a lack of imminent threat and no objective fear for personal safety due to the physical distance of the couple.

Similar cases have arisen regarding revenge porn websites where individuals have posted intimate videos or photos of their ex’s on websites as revenge. Motives for revenge include but are not limited to being cheated on, dumped for another person or just not being happy with the breakup terms. This kind of action is illegal in Canada and has serious repercussions. However, many argue that the law should extend further to protect individuals like Capuano despite the lack of physical threats to her safety.

Some legal practitioners are beginning to argue that the world wide web requires stricter regulation in Canada. Some individuals feel that the law is not properly equipped to address matters of harassment and bullying as it should be. Although lawmakers have made attempts to address the issue of bullying among children and teenagers, some individuals argue that the same level of protection does not extend to adults. Perhaps this is because adults are assumed to be impacted less by such actions.

Moreover, some legal practitioners have argued that courts should begin to consider reasonable fear of psychological safety as a factor when considering such cases. It is argued that when these provisions were drafted in the early 1990’s no one had considered the implications of online harassment as its use was not as widespread as it is now.

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What is your stance? Do you believe adults should take these matters less seriously? Or do you feel this man should be punished for his actions? Leave your thoughts in the comments.

Points of Discussion:
1. How are revenge websites addressed in your country?
2. What do you wish was different about how such cases are handled?

First Comes Love Then Comes Cohabitation

Until mid-19^th century, women were not permitted to hold property. All property was regulated in the name of the husband and through marriage. Marriage was a tool to determine fathers of offspring and regulate the property they would one day inherit.

Today, marriage is a social institution used to regulate relationships and serve as a method to encourage monogamous relationships, property division and traditional family growth. However, millennials are looking at marriage with completely different lenses. Millennials are moving towards cohabitation rather than marriage. Why?

There is less of a social incentive for marriage as women are earning more, can own property and face less of a social stigma for cohabitation. Furthermore, many feel that cohabitation leads to less legal complications than divorce after marriage as couples can simply sell the home. In respect to property ownership, many couples feel it is better to purchase a home rather than rent a home. Despite all the positives of common law marriages, there is a flip side to consider.

Legal Complications

Although common-law marriage has a place in Canadian law, there are complications that are not addressed. For instance, property is treated differently; if you were to purchase a home with your significant other and provide the majority of the down-payment, the home would not be equally divided upon separation as it would be if you were married. Moreover, if the couple were married, the spouse with a lower economic income would be supported by the other spouse. Conversely, in a common-law case, the court will assess how invested you are in the relationship by considering if you have joint bank accounts and the length of your relationship. Thus, if one individual paid for furniture, renovations and helped pay for the mortgage but didn’t contribute to the down-payment, they may still walk away with nothing. The longer the cohabitation period, the more likely the relationship will be treated like a legal marriage.

What if you still want to move in together?

Although it may not be romantic, an option would be to invest time in drafting a marriage agreement outlining each partner’s responsibilities in the marriage.This agreement will compel each person to discuss their finances in detail and responsibilities relating to mortgage, maintenance and how costs will be divided upon separation. A major benefit to drafting a legal agreement is avoiding he said she said arguments in court which can result in costly and lengthy trials. This is different from a prenuptial agreement. Although prenuptial agreements in the U.S are similar to this kind of arrangement, Canadian prenuptial agreements do not allow for the same amount of detail. Common law agreements aren’t particularly popular but are definitely worth considering.

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Points of Discussion:

1. After considering the above – noted information do you consider cohabitation a good option?

I Do… Want A Prenuptial Agreement

First comes love, then comes the prenuptial agreement, then comes marriage –  When people think of prenuptial agreements they often think of “gold diggers” and cheaters but prenuptial agreements can benefit a variety of couples.

What is a prenuptial agreement?

A prenuptial agreement is a legally binding contract between a couple regarding their property before entering into marriage and property distribution upon divorce, separation and death. The agreement comes into power on the date the couple are married.

What can be included?

A prenuptial agreement allows the couple to assess the property brought into the marriage and what they’d like to take away following a divorce including: inherited property, what is individually/jointly owned, spousal support onuses, how property will be divided in the case of death or separation, and the right to dictate the education and moral upbringing of their children.

Limitations

Although prenuptial agreements allow couples to incorporate almost anything, there are limitations including:
(a) custody of/ access to children;
(b) child support;
(c) clauses considered illegal or immoral;
(d) clauses relating to infidelity or fidelity;
(e) removing the other person from a matrimonial home (even if they do not own the home); and
(f) selling the home or mortgaging the home without your significant others permission (even if you own the home)

Void in court

1. Signatures of witnesses. Oral agreements do not stand up in court; ensure witnesses sign off on the contract.
2. Financial disclosure. Disclose all of your assets in detail, including how much is in your accounts. For instance, stating you have a RRSP without disclosing how much money is in the account may not hold up in court.
3. Duress and coercion. All contracts resulting from duress and coercion are invalid; thus, do not force your spouse to sign the agreement.
4. Gross injustice. When one spouse is left penniless while the other is exceptionally wealthy after a long term relationship comes to an end, the court may choose to make the contract void.
5. Illegal clauses. As mentioned above, there are limitations to what can be included in the agreement. For instance, you cannot include clauses to punish immoral behavior such as adultery. This is significantly different from the U.S.A where you can outline ramifications for a cheating spouse.

Pros and Cons

Entering into a prenuptial agreement can have its pros and cons. For example, it can protect you from accumulating your partners’ debt upon divorce. It is also viewed as practical and advisable in today’s world but it can also be viewed as unromantic and cynical. A prenuptial agreement can preserve family ties and ensure that your estate is handled the way you’d like after death. It can also serve as a safeguard for your personal and business assets. It also outlines financial expectations upon marriage and consequently it eliminates conflicts regarding asset and financial division upon divorce. Conversely, a prenuptial agreement can result in anger between partners and viewed as a lack of trust and commitment between partners.

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Point of discussion:

1. How do you feel about prenuptial agreements? Are they necessary?
2. What would you like included in your prenuptial agreement if you were to draft one?

Why Do Women Remain In Abusive Relationships? What Resources Are Available ?

Domestic violence is not a women’s issue, it’s a human rights issue.

We all know someone or of someone who has been abused because this issue is far too prevalent. Although many individuals are familiar with the word “abuse” not everyone is familiar with the various types of abuse. Many individuals equate abuse to physical abuse when in actuality there are numerous types of abuse including: mental, financial, verbal, sexual, emotional, spiritual and stalking/harassment.

Why do women stay in abusive relationships?

Many women will remain in a toxic relationship for the sake of their children or due to fear of harsher abuse if they are caught trying to escape. In many cultures women face a stigma for leaving their husband and are forbidden from returning to their parents’ home. Some cultures view divorce, separation or a woman returning to her parents’ home as a sign of failed parenting and shameful behavior. Consequently, women are often left with no option but to remain in an abusive relationship. Furthermore, according to the Canadian Women’s Foundation women are in more danger after leaving their abuser.

Another factor that affects women’s choice to remain in an abusive relationship is the abusive partner was not always abusive. Sometimes women believe that there is chance that things might go back to the way they were before the abusive began. Some women may also rationalize the abuse with justifications such as it’s a “tough time” in the relationship which will be overcome in time.

If you are being abused, there are various outlets for help.

I believe many victims remain in these relationships because they don’t know about what resources are available to them. There are numerous outlets for abuse victims of all ages including: women’s shelters, helplines, support groups and legal protection.

Justice system: For instance, upon reporting abuse a victim can ask for a restraining order. This forbids the abuser to be around the premises known to be the within the victims daily routines including work, home and other locations they know where the victim may be. Although this is not a permanent solution it can provide the victim enough time to move to a safer location if need be.

Upon calling the police, the victim will be asked to provide an affidavit speaking to the reported incident of abuse. The victim will be taken to the police station to provide a statement regarding the incident. The victim may also be asked to provide a VIS also known as a victim impact statement which outlines the type of abuse the victim endured and how it made them feel. The police will then use this statement to support their case and bring it before the court. If the victim is not comfortable going before the abuser in court, then the Crown (prosecutors on behalf of the government) will submit the written victim impact statement on the victim’s behalf. The victim will also be provided free services such as case updates via victim services. Victim services also provide free counselling for victims of abuse.
Who can you contact?

Shelters: http://www.centralwesthealthline.ca/listServices.aspx?id=10714
Victim Services: http://www.centralwesthealthline.ca/listServices.aspx?id=10464

You can also call 9-1-1 if you call and hang up as the police are obligated to send over officers. You won’t have to say anything over the phone.

Please share this post with your friends and family via Facebook or social media. There are victims of domestic violence who are not comfortable discussing their circumstances in public but might find this information useful.

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