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  • international divorce

    i married a canadian in 2003 and lived in canada for nearly 3 years . I left in 2005 to visit my family but decided to stay in england . I had permenant residence card for canada. My husband and i have been seperated for more than two years and i want a divorce . I have seen a solicitor who sent my husband papers for divorce but he will not reply . I know he is still living at the house we shared . He changed his phone number so i could not contact him . All my money is tied up in canada in the property we owned together but after i left my husband said i would not get a thing and is being really unaproachable. There is a lot more to this story but i do not want to go back if i can help it to Canada for safety reasons . I put all my money into the relationship before we was married and surely he cannot keep the lot for himself?? . Can anyone help me with the law in canada when this happens ? i am not working in england and get legal aid.

  • #2
    I would think that the laws from the province that you resided in Canada would take precedence here with respect to property/asset division.

    PROPERTY DIVISION ON SEPARATION

    This site is a better one for explaining how the courts determine assets and the division of them, here is an excerpt,

    Ontario’s Family Law Act provides a formula for the division of the property acquired by the parties during the marriage. This is called the equalization of net family properties. The formula is complicated. Essentially, the parties “equalize” their net family properties, by way of dividing the difference between the increases in their respective net worth from the date of marriage until the date of separation.
    A person’s Net Family Property is determined by calculating their net worth (assets less liabilities) on the date of separation, less any exclusion (i.e. inheritances, major gifts etc.) less their net worth on the date of marriage.
    In order to determine a parties “Net Family Property”, each party completes and swears a Financial Statement in which they list all of the assets that they owned and all of the debts that owed on the date of marriage and on the date of separation (sometimes called the valuation date). This includes any joint assets and debts.
    There are various exclusions that can be claimed from the determination of a division of net family properties (i.e. the property would not form part of a spouse’s net family property).


    There are others on this forum with first hand experience with these calculations that may be better able to offer advise on how this could affect you, and how you could proceed.

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