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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 12-29-2008, 01:22 PM
caitlynnmak caitlynnmak is offline
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Default Refusal To Cooperate

Hi, my husband walked out on me November 8th of this year, to return to his home country of England as he was missing his family and became homesick. He didnt tell me he was leaving, drained our bank account, and then caused nothing but trouble for me since he left. I have spoken to people who have said they had a legal separation agreement drawn up once their spouse moved out. My ex has said that he will come after me for the clothes HE left here, that I will have to send them to him. However it is not my fault that he abandoned his clothes, and don't feel that I should have to send them unless he pays for the shipping. Second, he says he cannot get legal aid in England to even bother with a separation agreement for another 6 months as he has used up legal aid for a custody matter already. I work 2 jobs, support 2 children (not children we had together) on my own and only want to protect myself so that he cannot come after me during the wait time for a divorce. Is there a way to get a legal separation agreement without him agreeing to it? Can the court order an agreement for non compliance? How do I go about getting one? I cant afford to pay huge legal fees, and I have a half hour consultation coming up. I just want to be prepared. Thanks.
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Old 12-29-2008, 03:42 PM
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The shipping of the clothes is a trivial matter at this point. Don't let it get you upset. Maybe you can offer to give him a specified amount of time to arrange to have them sent to him at his expense, afterwhich you will dipose of them yourself, and don't argue anymore about it.

How long were you together? When did you get marrried?
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Old 12-29-2008, 03:46 PM
caitlynnmak caitlynnmak is offline
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Thanks for your response. I got married July 19 2008, and he left in November so we were not together long. He just up and left, left his clothes here and walked out on our marriage ......
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Old 12-29-2008, 09:35 PM
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Seems like there's nothing to settle. You didn't have children and it was an extremely short marriage so no spousal support would be in order. As long as neither of you owned a home there's nothing to argue about financially.

Doesn't even seem to merit the bother of getting a separation agreement. I would just file for divorce and wait a year for it to go through. It would be a formality.

Last edited by dadtotheend; 12-29-2008 at 09:41 PM.
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Old 12-29-2008, 10:29 PM
caitlynnmak caitlynnmak is offline
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Default refusal to cooperate

The main thing that I am concerned about is that while he is on social assistance over there, that the british government wont come after me to repay them while we are still legally married and there is no legal agreement in order. I am scared to buy a car, which I need. I am scared he will come after me for support because I work and he doesnt and the economy in England is not good. International divorce seems to be messy from what I have heard, and I am sure my husband will try and make it difficult for me no matter what.
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Old 12-29-2008, 11:10 PM
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Don't know a thing about British family law, but there's no way that such a short marriage will warrant spousal support here.

Can't imagine why the British government would be able to come after you re his social assistance, but you would be prudent to file for divorce now to get the separation on the record.
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Old 01-14-2009, 06:16 PM
caitlynnmak caitlynnmak is offline
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Hi, I am still having issues about my upcoming divorce. I have obtained legal advice and I understand everything that will happen, but it was based on uncontested divorce. What happens if I send the papers (or the court does) to England and he refuses, or just doesn't sign them? Will I have to wait longer? I thought you could divorce after 1 year .....
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Old 01-14-2009, 06:39 PM
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File and wait. His signature is not required, just that he has been served. Don't worry, the British government can't come after you for welfare payments. Think of how complex that would be for them.

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Old 01-14-2009, 08:11 PM
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When my ex was served , after 1 year's separation, it said on the papers that he had 30 days to respond. If he didn't respond then it would be taken that he had no objections to the Divorce and it would proceed. That's in NB and I'm not sure if it's the same all across Canada.
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Old 01-14-2009, 10:04 PM
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Default refusal to cooperate

What if he responds to the papers as contested? Does that mean I can't get the divorce? What about abandonment/desertion in Ontario? How long do I have to wait on that?
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