1 Moving On A Practical Guide for Women Leaving a Relationship PEI Advisory Council on the Status of Women 2013 Edition
3 Moving On A Practical Guide for Women Leaving a Relationship PEI Advisory Council on the Status of Women 2013 Edition
4 Moving On: A Practical Guide for Women Leaving a Relationship 2013, Prince Edward Island Advisory Council on the Status of Women Updated and revised edition Original edition printed December 2001, reprinted December 2003 Reprinted with revisions December 2007 About the Advisory Council... The PEI Advisory Council on the Status of Women (PEIACSW) is an arm s- length government- appointed Council. Nine Council members are selected from among Island women who have demonstrated a commitment to women s equality and who represent regional, cultural, and ethnic diversity. The Council believes that women s equality is the foundation for equality - and our economies. Council believes that women s independent social and economic security is key to equality and to freedom from physical, emo- tional, and sexual violence. For additional copies of Moving On contact the PEI Advisory Council on the Status of Women Location: Sherwood Business Centre, 161 St. Peters Road Mailing address: PO Box 2000, Charlottetown, PEI C1A 7N8 Phone: E- mail: Website: Blog: peiacsw.wordpress.com/ Facebook: facebook.com/peistatusofwomen Twitter: twitter.com/peiacsw Videos: vimeo.com/peistatusofwomen Moving On is available in PDF format on the Council s website ii PEI Advisory Council on the Status of Women
5 Contents Introduction 1 Get Emotional Support 2 Know Your Rights and the Rights of Your Children 5 Marriage Versus Common- law Relationships 6 Custody and Living Arrangements for Children 8 Child Support 11 Spousal Support 14 Division of Assets 15 Aboriginal Women s Property Rights 17 Information for Immigrants and Newcomers to Canada 19 Dividing Pensions 20 Get Advice from a Lawyer 22 Get Advice from a Financial Professional 25 Gather Important Documents 26 How Will You Support Yourself? 28 Credit 29 Financial Tips to Protect Yourself 30 Finding a Place to Live 32 Your Privacy and Internet Safety 34 Transportation 35 Telling Your Spouse and Children You Are Leaving 37 The Move 39 Separation and Divorce 40 Mediation and Collaborative Practice 42 Harassment and Stalking 44 Emergency Situations 46 Making an Emergency Plan 48 Some Last Words 50 Moving On: A Practical Guide iii
6 iv PEI Advisory Council on the Status of Women
7 Introduction Even in the best circumstances, leaving a relationship can be stressful, confusing, and overwhelming. Moving On provides information to help you make decisions that are good for you as you leave a relationship. The information in this booklet applies to both same- sex and opposite- sex relationships. Once you have decided to leave, it is essential that you make It is also important to prepare for a life independent of your spouse. It could take months or longer to decide issues such as custody and access of children, division of property, and child support, so it is important that you have a solid plan in place before you and your spouse separate. Making a plan before you leave will protect your rights and help ensure you and your children have options. This booklet is for general information only and does not replace legal should consult a lawyer. If your partner abuses you or hurts the children, you can get support, information and shelter through PEI Family Violence Prevention Services (PEI FVPS). To speak You have a right to live free from violence. Moving On: A Practical Guide 1
8 Get Emotional Support Leaving a spouse or partner can be one of the most stressful events you will face in your life. It can also be a big relief. You may feel scared, angry, worried, guilty, confused, excited, sad, It is just as important to deal with the emotional impact of leaving a relationship as it is to handle the legal and economic consequences. trust, a person in your life you can talk to about how you are feeling. Choose someone who will listen to you, who won t judge you, and who will support you. A trusted ally can be very important as you face many changes and many decisions. You may also wish to go to a counsellor. A counsellor is trained to understand feelings and to help you sort things out. She or he will listen and help you to make the decisions that are right for you. She or he may help you understand the dynamics of the relationship you are leaving and may help you consider the best ways to act and react in response to your former spouse. Talking with a counsellor will help you to have the information and support you need to consider all your options. anyone what you talk about without your written agreement, except if a counsellor worries you might hurt yourself or someone else or that a child is being abused or neglected. Usually a counsellor will have you sign an agreement about There are several places you can go for counselling; some are free, others charge reasonable fees based on what you can you have a health insurance plan, the fee may be partially or fully reimbursed, depending on details of your insurance plan. 2 PEI Advisory Council on the Status of Women
9 If you need help immediately, you can access Also look into whether you have access to an Employee or Family Assistance Plan through your household members employers. These plans sometimes provide access just to employees and sometimes to everyone an employee lives with. A plan may provide counselling services, either directly or through referral to a pre- approved provider, often free of charge Community Mental Health is a government service that programs. There is no charge for the service. When you call situation over the phone. You may have to wait for an appointment, depending on the availability of counsellors. long they think you will wait before having a session. Community Agencies can provide counselling at a reduced rate. This means fees can be lower for people who do not have a lot of money. If you have a low income or no income, you may want to ask the intake worker about reduced rates. The worker will talk to you that rate. If there are a lot of people going to the agency who need lower rates, you may have to wait in order to see a counsellor at a reduced fee. Community Mental Health Charlottetown: Summerside: Montague: Souris: Alberton: O Leary: Catholic Family Services Charlottetown: Catholic Family Services does not charge a fee for clients living in a family violence relationship. You do not have to identify as Catholic by religion to receive help. Family Service PEI Charlottetown: Summerside: Moving On: A Practical Guide 3
10 Get Emotional Support, continued The names of private counsellors and other community agencies are listed in the yellow pages of the phone book under Marriage, Family & Individual Counsellors. Private ask about reduced fees for people with low incomes. If you are thinking about trying couples counselling, it is best to speak with a counsellor one on one to determine whether couples counselling is a good option for you and your family. A counsellor or agency may screen you for violence in your If you know you are in an abusive relationship, or if your counsellor screens you for violence or high risk of violence, couples counselling may not be safe or appropriate. Women in violent or potentially violent relationships Anderson House Chief Mary Bernard Memorial Women s Shelter is Call Anderson House Call Chief Mary Bernard Memorial Women s Shelter in 4 PEI Advisory Council on the Status of Women
11 Know Your Rights and the Rights of Your Children You may have a lot of questions, and you may feel unsure about a lot of the decisions ahead of you. Learning about your basic rights will help you to make decisions about your future. When you leave a relationship, you may have rights to property (such as the house, RRSPs, pensions, and savings) and spousal support. You and your ex will also have to decide upon custody of the children and a parenting plan. Your children have a right to a safe, positive parenting arrangement that is focused on their best interests. They also child support may be owed. Important: Sometimes, fear and intimidation can negatively impact your ability to negotiate what is best for you and your children. Don t give up any of your rights or make decisions without considering all options and seeking trusted, neutral advice. If at all possible, avoid making any important decisions during times of crisis. If you can, speak with a lawyer before moving out, and always speak to a lawyer before signing an agreement. Community Legal Information Association (CLIA) can provide legal information over the phone, by , or in person. They have plain language legal information on many topics, including family law. CLIA does not give advice but can provide you with basic information about your rights, the rights of your children, and the law. CLIA (Community Legal Information Association) Toll- free: Moving On: A Practical Guide 5
12 Marriage Versus Common-law Relationships Marriage is a legal contract entered into by two people. To become a married couple, you must have a legal marriage legal annulment. Common- law relationships begin when two people decide to move in together as sexual partners. There is no legal ceremony. Many people believe a common- law relationship becomes a legal marriage after some time. This is not true. The only way to become a married couple is to legally marry. To end a common- law relationship, you simply need to move out. Married and common- law partners have a legal responsibility to support each other and any children they have while they are living together. This obligation does not end with separation. Depending on your circumstances, child support or spousal support may be owed to you, regardless of whether you were legally married or common- law. Please see pages 11 to 14 for more information. couples is division of property after separation. Married women are entitled to an equalization of the family property that was accumulated during the marriage, regardless of which spouse legally owns the asset. Women living common- law do not have this right. In common- law relationships, no equalization takes place. For common- law couples, the person who legally owns the asset, usually keeps it. For example, in a common- law relationship, the person whose name is on the car registration owns the car, whereas in a marriage, the car is considered an asset to be included in the division of property even if only one name appears on the registration. 6 PEI Advisory Council on the Status of Women
13 However, there have been cases where a judge has ordered a fair division of property for common- law couples. If you have concerns about division of property, it is best to speak to a lawyer. For more information on division of property, see page 15. If you are an Aboriginal woman, division guide for more information about Aboriginal property rights. For federal tax purposes, after 90 days of separation, you should inform Canada Revenue Agency of your separation by completing a Marital Status Change form (form #RC65) or were married or in a common- law relationship. Canada Revenue Agency TTY (Teletypewriter): arc.gc.ca Moving On: A Practical Guide 7
14 Custody and Living Arrangements for Children In situations where both parents lived with the children, the law assumes that the separated spouses have joint custody. This means both parents have an equal say in major decisions about the children regardless of the amount of time the children spend with each parent. Sole custody refers to a situation where only one parent has the right to make major decisions about the children. When some of the children live with one parent and some children live with the other parent and each parent makes decisions for the children who live with them, it is called split custody. Regardless of whether you have sole, joint, or split custody, one decision that must be made is where the children will live and what access arrangement will be in place in situations where the children live primarily with one parent. If you have joint custody, you do not automatically have the children in your care for 50% of the time, although many couples choose this arrangement. For parents with joint custody, the parenting arrangement can be any arrangement that works for both parents and is in the best interests of the children. In the case of sole custody, the parent who has custody of the children usually has the children with them the majority of the time, but there can be other arrangements. Even if you have sole custody, your children have the right to spend time with their other parent, so you will need to decide upon visitation. or fear in your relationships, do not enter into agreement for 8 PEI Advisory Council on the Status of Women
15 children with you when you move. If you take them, you must begin thinking about negotiating a long- term parenting plan with your spouse. Parents with joint custody have equal authority to make decisions about the children and your children have the right to spend time with both of you. If you decide it would be best for your children to stay behind with the other parent, you don t have to take them with you. Leaving the children behind doesn t mean that they can t live with you in the future, but it might suggest to the Court that you think this parenting arrangement is in their best interests. It could take a long time for the Court to help you get the children back in your care and it may be harder to get an order for child custody later, if you decide to pursue it. When it comes time to negotiate the parenting plan, you and your spouse can decide on your own where the children will live. Together, you can create a custody arrangement that is an agreement, a lawyer, collaborative practitioner, or mediator may be able to help. For more information about out- of- court options, see pages If, despite out- of- court options, you cannot come to an agreement about the living arrangements of the children, you will have to go to court. This may take some time and will cost money. All court decisions on child custody are decided based on the same legal test the best interests of the children. The courts favour custody arrangements that allow the children to have a strong relationship with both parents. If you have reason to believe the children would not be safe with the other parent, such as in cases of family violence, speak with a lawyer right away. Moving On: A Practical Guide 9
16 Custody and Living Arrangements for Children, continued Once you have an agreement or a court order about custody, day- to- day life should begin to settle into a routine. In time, you may wish to go on a vacation or move. If you would like to plan a vacation or you want to move out of province, you need to speak with your spouse or a lawyer. You cannot move the children out of province without the other parent s written consent or a court order. If you want to take the children on a trip, it is also important to get written consent from the other parent. Border personnel will ask you to provide legal documents stating that the children can leave the country. It is best to consult with a lawyer to ensure the document is written properly. It can be challenging learning how to parent after separation. Positive Parenting from Two Homes is a provincial evenings, to families going through separation and divorce. You learn ways to develop a business- like relationship with the other parent; how to respond to children s grief; how to make a parenting plan and other important issues related to co- parenting. Positive Parenting from Two Homes Toll- free: The program is designed so that you do not take it with your co- parent. Positive Parenting also provides a program for children. parent is abusing or neglecting the children home, call Child Protection 10 PEI Advisory Council on the Status of Women
17 Child Support Both parents must contribute to the costs of raising their children. If the children are with you more than 60% of the time, the other parent has an obligation to provide child support. In this case, the basic amount of child support (which includes support for food, housing, clothing and other basic needs) depends on the income of the paying parent, not both parents. If there are special expenses (such as childcare, medical expenses and schooling expenses) both parents incomes are considered. If each parent has the children between 40% and 60% of the time, child support may still be paid. The amount is generally, incomes and the Federal Child Support Guidelines tables. If the parents incomes are equal, in many cases no child support will be paid by either parent. If the parents incomes parents incomes and the Child Support Guidelines tables as a starting point. Discretion of the Court can then be used depending on the needs of the children and the incomes of the parents. Child support is determined by the Federal Child Support Guidelines. The amount of child support you pay or receive depends on the number of children you have, your parenting arrangements, the income of the paying parent, where you live, and any special circumstances. Both parents are also responsible for sharing extra costs such as childcare, extracurricular activities, education expenses and medical expenses, in proportion to their incomes. These costs are called Section 7 expenses. A lawyer can help you get a court order or agreement for child the services of a lawyer, you may apply to the Court for child support yourself. Moving On: A Practical Guide 11
18 Child Support, continued The PEI Child Support provides information about the Child Support Guidelines and can provide you with the forms you need to apply to the courts for child support or a variation of child support. For more information or to use this service, call in Charlottetown or in Summerside. It could take several weeks or months before you start receiving child support. In some cases, the other parent may refuse to pay any money at all, despite being legally required to do so. An agency that can help you collect child support is called the Maintenance Enforcement Program (MEP). There must be a support agreement or court order for child support in place before you can use this service. You must register the support order or agreement with them by If the paying parent refuses to make payments, the Maintenance Enforcement Program will take necessary steps to enforce the order or agreement with the authority given to them under the Maintenance Enforcement Act. The MEP can also collect payments for child support orders and agreements from other provinces and can help you register your order or agreement in another province if the paying parent moves. The MEP cannot guarantee collection of support, but the program can take action to attempt to collect payments. To register a child support order or agreement with the Maintenance Enforcement Program, call If you If the paying parent is living outside of PEI, send three copies. 12 PEI Advisory Council on the Status of Women
19 Most child support orders or agreements have a recalculation clause. If your spouse is the paying parent, this clause gives the the ability to year. They can review and recalculate the basic child support amount in accordance with the Child Support Guidelines to be sure that child support remains accurate. To register a child support order or agreement to the Administrative Either parent can register. If you wish to get a legal divorce, you must have a child support arrangement in place. A divorce will not be granted until satisfactory arrangements have been made for the parenting and support of any children of the marriage. Charlottetown: Summerside: Maintenance Enforcement Program Honourable C.R. McQuaid Family Law Centre 1 Harbourside Access Rd, PO Box 2290 Charlottetown, PE C1A 8C Moving On: A Practical Guide 13
20 Spousal Support When you leave a relationship, you may be entitled to Spousal support is not guaranteed like child support. Many separating couples do not have spousal support agreements or orders. When a couple agrees to spousal support or the court orders it, it is usually a time- limited arrangement until both partners can support themselves. However, spousal support partner has a disability, is of an advanced age, or has health issues. The amount of money you receive may be decided by you and your partner or by the Court. If it goes to court, it could take several months. The amount of money you receive depends on many factors, such as the length of time you and your each played in the marriage and your spouse s ability to pay. If you need spousal support and your spouse will not agree to it, you need to speak to a lawyer. Receiving spousal support has tax implications, so it is a good idea to speak with a 14 PEI Advisory Council on the Status of Women
21 Division of Assets It will usually take several months to decide how the assets and debts will be divided. You and your spouse may decide on your own or, if you can t agree, the courts will decide for you. It is important to remember that there may be tax implications as you take steps to divide your property. It can Legally Married Women Women who are legally married are entitled to an equal share of the value of the family property accumulated during the marriage, regardless of who legally owns the asset. Assets include money in the bank, homes, furniture, cars, life insurance, cottages, pensions, and RRSPs. Every case assets excluded in a domestic contract (sometimes called a prenuptial agreement), or personal injury settlements, which may not be included in the equalization. You are still responsible for debts acquired in your name amount of debt as a result of the marriage, the Court may compensate you through an unequal division of family assets. You may wonder if you can have your spouse move out so you and the children can stay in the home. Although you cannot alter your spouse's ownership rights in the home, you can apply to the Court for an order for exclusive possession of the family home until the Court decides upon how the family property will be divided. You cannot change the locks or sell the home without your spouse's consent. Regardless of whether you move out and whether your name is on the deed, the value of the family home will be included in the equalization. Moving On: A Practical Guide 15
22 Division of Assets, continued Women in Common-law Relationships You are not legally entitled to an equal share of the value of everything acquired during the relationship. You are also not legally responsible for the debt your partner has, unless you co- signed for the debt or signed a contract agreeing to split any debts during the relationship. In a common- law relationship, each person is entitled to items for which they can show proof of purchase. If you are in a common- law relationship, it is important to get legal advice about division of assets. The courts have ordered a fair division of property for common- law couples, depending on the individual circumstances, so you may wish to take the matter to court. If you are in a common- law relationship and you wish to have your spouse leave the family home, you should speak to a lawyer. Emergency Protection Order (EPO). 16 PEI Advisory Council on the Status of Women
23 Aboriginal Women s Property Rights during separation and divorce are the same as for non- Aboriginal women described in this booklet. For Aboriginal women living on reserves, division of property obtained during the marriage can be complicated. For the most part, provincial laws about division of marital property do not apply on- reserve. As well, the Indian Act does not deal with marital property. Provincial laws can still help you to determine how to divide the overall value of the marital property. You can ask a court to decide what your share of the marital property will be, which is often 50%. The court can order one spouse to pay the other to make an equal division of the couple s total marital is owed to you because there is no law the court can use to force the sale of a home on a reserve. If both of your names are on a for the home, neither one of you can be forced to leave the out whose name is on the Aboriginal Development Canada aandc.gc.ca If your family was given the property by the Band, you will have to ask the Band to make a decision about who will be allowed to stay in the home. You may wish to use the CLIA Lawyer Referral Service Lawyer Referral Service to get legal advice on division of Toll- free: property on reserve. Moving On: A Practical Guide 17
24 Aboriginal Women s Property Rights, continued As of the print date of this booklet, the proposed federal legislation Bill S-2, Family Homes on Reserves and Matrimonial Interests or Rights Act, was before the House of Commons. If proclaimed, this Act will change how marital property is dealt with on- reserve. The Act would provide basic rights and protections about marital property to individuals on reserves during the relationship, in the event of a relationship breakdown, and in the event of the death of a spouse or common- law partner. For more information about division of property on- reserve: aandc.gc.ca Other organizations that can provide information: Aboriginal Women s Association of PEI Charlottetown (Mi kmaq Family Resource Centre) Lennox Island Toll- free: Information in this section is drawn from a CLIA publication called Health & Safety Plan for Aboriginal Families, written Development Canada. 18 PEI Advisory Council on the Status of Women
25 Information for Immigrants and Newcomers to Canada Immigrants and newcomers to Canada have special considerations when dealing with a separation or divorce. It is best to speak to a lawyer with expertise in immigration law and family law before making any decisions. You may also wish to contact Citizenship and Immigration Canada (CIC) may have on your status. CIC can be reached at or The provides short- term settlement services, and long- term inclusion and community integration programs for new immigrants in the province of Prince Edward Island. They ANC can be reached at or through their website at Citizenship and Immigration Canada Toll-free: PEI Association for violence or abuse, you can access help and temporary shelter at Anderson House Chief Mary Bernard Memorial Women s Shelter Moving On: A Practical Guide 19
26 Dividing Pensions Dividing pensions can be complicated, but pensions are considered part of the family property and, for legally married women, included among the other family assets to be equalized after separation. Federal Canada Pension Plan (CPP) You are entitled to split your partner s Canada Pension Plan (CPP) credits that were earned during the time you were married or living together. In common- law relationships, a couple must have been living together for at least one year to qualify. You are eligible to split CPP credits even if you never held a job outside the home and didn t contribute directly to the pension. You should contact the Income Security Programs credits are put in your name for you to use when you become Whether you are legally married or in a common- law relationship, once you have been separated for one year, you may then apply. If you are in a common- law relationship, you have three years to apply after being separated for one year. There is no time limit for applying for women who are, or were, legally married. For information about splitting the CPP, call Income Security Programs. Income Security Programs Toll- free: TTY: If you are a senior, it is important to contact the Income tell them of your new status. 20 PEI Advisory Council on the Status of Women
27 Other Pensions For married women, the value of their spouse s other pensions (such as government or teacher s pensions or pensions from private companies) are considered family assets, and the value of the pensions are subject to being equalized. Women in common- law relationships may also be eligible to a share of their partner s other pensions, depending on the regulations by the pension plan administrator, often called the commuted value, may not be the fair value of the pension that you should use for division of property. You may wish to speak with a You should speak with a representative of each pension plan to understand what you may be entitled to. If you need to speak with a lawyer, contact Community Legal Information Association of PEI (CLIA). They can provide you with a referral to speak with a lawyer for a modest fee. Community Legal Information Association (CLIA) Lawyer Referral Service Toll- free: Moving On: A Practical Guide 21
28 Get Advice from a Lawyer The best way to protect your rights is to get advice from a lawyer. A lawyer will help to ensure that you are protected If you don t know a lawyer, look in the yellow pages under lawyers or ask a friend to recommend one. You can also contact Community Legal Information Association for a with a lawyer at a modest fee. Community Legal Information Association (CLIA) Lawyer Referral Service Toll- free: lawyer. You can ask questions about the lawyer s experience and fees. You may also want to ask if there is a charge for your you feel comfortable. Once you choose a lawyer, be sure to get a written estimate of the cost of your legal fees and any other expenses such as court fees and postage. Find out about the lawyer s billing practices and whether you can make a payment plan. The lawyer will probably ask for some money up front at the second visit, so be prepared. It is a good idea to prepare for your meeting with the lawyer. Write down information the lawyer will need and questions you would like to ask during the meeting. 22 PEI Advisory Council on the Status of Women
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General: What is family law and when does it apply? Family law deals with many different issues related to families, especially during the breakdown of a relationship. These issues include: marriage, divorce,
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Property Settlements in the Family Court and the Federal Magistrates Court This information is based on the law as at. It is written for the use and benefit of women who contact the Women s Legal Centre