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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-28-2016, 05:04 AM
duMaurier duMaurier is offline
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Default Divorce with Conditional Permanent Resident in 30 days..

Sorry if I am all-over the place and sound like a prick but I am angry and stressed after what has occurred. My wife and I married 4 years ago and due to sponsorship troubles on her part as they believed Marriage of Convince (MoC) but I genuinely loved her and thought she genuinely loved me too so I successfully appealed. After she landed in Canada October 2016 her behaviors and attitude changed as she got what she wanted. So within 30 days she left me and accused me of abuse with local NGO..the officers were right and my worst nightmares became reality. I also found out that she has a BF back home and still in love with him. So she basically lived with me for 30 days during our 4 years of marriage overseas. My 3 years of financial obligations will be starting as I am sure she is claiming welfare but obviously wants more.

After we married I bought a rental property in town and she never contributed a dime. It is in my name. I was and have been living with my parents as they are helping me save up and I am to pay them back later when my wife starts working.

I bought a car after we got married again in my name and I been paying the loan.

I contributed to my RRSP...bad decision as I should have put it in TFSA instead so I would be able to use it in this life emergency.

We are in-debt to my parents plus she borrowed money off my parents behind my back. I have sent her although she claimed to be working and even said she will pay it all back (even said via SMS lol hopefully I can use that). I spent money, time and resources to get her here..

Basically she made no contributions at all during our marriage and had another life on the side.

My questions are;

If we get an uncontested divorce and Separation Agreement. Then she has 2 years to claim Assets, correct? or can we do both SA and divide assets at same time and then be done with? I hear Contested Divorce is expensive but confused what a Contested Divorce is..if we both agree on divorce but have dispute about the Assets is that considered a contested divorce? If we get the judge to decide how to split the assets would that be expensive? Cant I just present my terms to a judge and ask them to look and make their input and then finalize it? Instead of having to go to trial, etc.

I dont mind paying her welfare bill after the 3 year obligation but I dont want to pay both that and alimony. My assets including RRSP/Lira are about $35K after debt paid.

Because she is an immigrant she will be entitled to Legal Aid, correct? But would she have to pay them back? Because I feel if she wont accept my terms. She will be willing to go to court as she basically has unlimited funds via Govt. But I heard if I win I can get her to pay the Court Fees.

Can I sell the rental property during our separation and hold onto the money to share with her. Since I wont be able to pay the mortgages. As there is no one renting it right now and I would not be able to afford living in it as I don't have a high paying job anymore. Can I sell it to a family/friend member at market value?

I have a Lawyer but thought Id ask anyone who has been in similar cases. Thanks for listening and any thoughts, advice would help with this stressful time.

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Old 11-28-2016, 11:54 AM
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Janus Janus is offline
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I'm not sure if many of us have experience with a MoC separation. I vaguely recall reading some cases where the sponsor was on the hook for spousal support (alimony) on top of the regular costs, but I could be wrong.

You have a lawyer. I suspect that this is a complicated area of law. Probably best to defer to that lawyer.
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Old 11-29-2016, 01:41 AM
Links17 Links17 is offline
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You might be able to get an annulment. It is rare but if you can prove she never intended to be your wife (i.e: she has a boyfriend etc....) you might walk away with alimony etc....

Consider yourself lucky you didn't have kids with her. No matter this will be over soon.
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Old 11-30-2016, 04:26 AM
duMaurier duMaurier is offline
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the only evidence i have is facebook posts of her second life and my parents and myself's testimony. i do have sms of her bragging to me that he bf treats her better, spoils her, than me. but im assuming going to court for a judge to see this would be very expensive and long process. but i appreciate the positive reinforcement.

even going to court for division of assets will be expensive as im sure any spouse is want half even if they didnt contribute. all i want is to send a judge my terms of division and show them how short we physically lived together and how she contributed nothing. why do we need the whole gown, robe and wig for that lol...its not murder. if my wife wants to dispute it let her but at her cost and not at legal aides cost.

canada's laws and benefits are to soft and generous and very easy for one to take advantage.

sorry imm typing from a tv box and it doesnt auto spell-correct/capitalize.
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