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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 02-03-2021, 04:33 PM
younis.shah younis.shah is offline
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Default My wife leaving me due to my medical condition and I don't want to pay a dime to her

Hello,

My wife has decided to leave me due to my medical health. I am currently overseas and has been here for the past one year. My wife is also overseas and we living separately. I do have significant bank balance in Canada which I have started to drain by sending to some trustable friends. My wife doesnt has any money and has told me that she would go for a property split after filing for divorce in Canada.Now my question is that if my wife comes back to Canada and file for a divorce, can the divorce be proceeded if I am not present in Canada? How about the property split? If i dont have anything in the bank, is there any way for her to take any money from me. I dont want to give her a dime coz I took care of her education, living expense in the past years and now when I need her the most, she decided to leave me.

your response would be highly appreciated.
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  #2  
Old 02-03-2021, 07:06 PM
rockscan rockscan is offline
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Quote:
Originally Posted by younis.shah View Post
My wife has decided to leave me due to my medical health. I am currently overseas and has been here for the past one year. My wife is also overseas and we living separately.
The big problem with this is what was the date of separation. Was it when you both left Canada, when you agreed to live separately or when she said she was done. This is important because everything is frozen at that date.

Quote:
I do have significant bank balance in Canada which I have started to drain by sending to some trustable friends.
Stop doing this now unless you can claim you were using the money for your living situation or care. Otherwise you will be seen as purposely depleting marriage assets.
Quote:
My wife doesnt has any money and has told me that she would go for a property split after filing for divorce in Canada.
Shes entitled to a certain amount of the marital assets. It all depends on entitlement. You may want to do some research on that and on spousal support.
Quote:
Now my question is that if my wife comes back to Canada and file for a divorce, can the divorce be proceeded if I am not present in Canada?
Yes she can. She would have to prove she made every effort to serve you and if you dont respond it will move forward without you.
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How about the property split? If i dont have anything in the bank, is there any way for her to take any money from me.
It depends on the date of separation. If she says you separated last year then she could request proof of all assets on that date including statements from the accounts. If you had $500,000 in the bank at that time, shes entitled to a share of it regardless of what happened since.
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I dont want to give her a dime coz I took care of her education, living expense in the past years and now when I need her the most, she decided to leave me.
What you want and what she wants are two different things. What she is ENTITLED to is the only thing that matters. That will depend on many factors like length of marriage, sacrifices made, what you accumulated etc.

At this point instead of emptying accounts and hiding assets you need to get a lawyer and start learning about entitlement and divorce laws.


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  #3  
Old 02-03-2021, 11:56 PM
Kinso Kinso is offline
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You need a lawyer. Sneaky stuff like depleting accounts will backfire. Your risk may not be as much as you think it is.
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Old 02-04-2021, 08:50 AM
younis.shah younis.shah is offline
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thanks for responding. I will soon contact a lawyer. Another thing i want to ask is what if I leave Canada for ever and dont return. What does the court do if one party permanently moves to another country.
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  #5  
Old 02-04-2021, 09:33 AM
Kinso Kinso is offline
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A very good question for your lawyer.

It depends on the country. Some nations have international agreements with Canada, many do not. Most have local courts that can be accessed. Certain actions are criminal and could get you in trouble with the police, or prevent you from returning to Canada. This is an area where you need a lawyer and should not take advice from randos on the internet.

Even if you think you don’t want to return today, your views could change down the road.
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  #6  
Old 02-12-2021, 12:03 AM
tilt tilt is offline
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There was a case in Nova Scotia where the husband was Ordered to pay, he didn't pay, and he left the Country. He was eventually arrested and brought back (and kept in jail until trial I believe). he was then Ordered to serve 4.5 years in prison. So yes, there does seem to be a mechanism for enforcing our Laws.

Realistically, something like this could trip you up years down the road (even if you think you could get away with it now) and cost you a lot more in time and money than just being an adult right now and dealing with it.
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  #7  
Old 02-15-2021, 05:06 PM
Karma2016 Karma2016 is offline
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Why are you being such a dick? Marriages fall apart all the time. Yours is no different. That’s why there is the Family Law Act. She’s entitled to half the marital assets no matter why your marriage dissolved. Get over yourself.
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