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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 05-02-2006, 05:32 PM
Jeri E. Jeri E. is offline
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Unhappy How Do I Proceed With Jurisdiction Issues?

I am in the process of getting a divorce from my Canadian husband, but he is fighting me on jurisdiction rights for the division of properties which are all in Ontario, Canada. I have been living in the UK for almost 5 years now and am planning to stay here after the divorce is finalized. But, my divorce case is going to Court here in July and if the Judge says I have to go back to Canada for the division of property, I guess I have no choice.
I would like to know what Canadian Law says about Jurisdiction and if I definitely DO have to return to Canada. If that happens, can I get Legal Aid there because I will NOT have a permanent address...as I no longer live in Canada...also, what about a Lawyer?
I am so stressed out about all this, as my husband has been fighting me at every turn and this divorce is not well into it's second year. To add to things, I do not have a job, as jobs are scarce in the town I live in and therefore I do not have any money to hire a Lawyer if I have to go back to Canada.
Can you give me some advice on what to do regarding my situation?
Thanks,
Jeri E.
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Old 05-02-2006, 07:53 PM
logicalvelocity logicalvelocity is offline
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Jeri,

Is your divorce being processed in Ontario or in England?

General rule of thumb is to have all issues settled in one court, one jurisdiction. This way everyone is on the same page and nothing gets overlooked or missed.

If the divorce is being processed in Ontario, generally the assets are divided equally 50-50. The court would take the value as on separation date.

To qualify for legal aid in Ontario, I believe you have to be a resident.
I could be wrong.

Here is the link for legal aid in Ontario http://www.legalaid.on.ca/en/

It does sound that perhaps you may be in need of some sort of support. Have you considered bringing forth an application for spousal support. I am not sure of the facts of your situation and relationship with your former spouse, but under the Divorce Act (Canada), there is no time limit to obtain corollary relief such as spousal support. However, the longer you wait, the more difficult it is to obtain.

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Old 05-03-2006, 12:44 AM
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Hi Jeri E.

I've got a post about this here:
http://www.ottawadivorce.com/blog/ca...ional-divorce/

It's hard to same more than this without knowing more about your situation. Normally, there's a race to the courts in both jurisdictions. There will be a motion in one jurisdiction (it sounds like you already have one set in England) and the court there will make a decision. The other jurisdiction's court is not bound by this ruling but especially between England and Canada there is a great deal of deference between courts and the law in both countries on this issue is very similar.

You can end up fighting in 2 jurisdictions - one court may have jurisdiction over issues related to the children while the other may have jurisdiction over the division of property. To complicate matters further, there may be a ruling that one country has jurisdiction but the other country's law applies -e.g. England will decide the division of property under Ontario law.

This is definitely an area in which you need expert legal advice!

As for legal aid, you can check the site her:
http://www.legalaid.on.ca/
but I don't think non-residents are eligible.
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