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  • Divorce without a Separation Agreement

    Hi there, I am new to this forum and I was wondering if anyone could give me some pointers or advice.

    I am from UK and lived in Toronto for 6 years, 5 of these married to a Canadian. We are not happy at all and I wish to file for a divorce and eventually leave here to return to UK.

    Could anyone advise me on the following:
    A) Do we HAVE to have a Separation Agreement before we can divorce? I dont want to prolong this agony by a whole year. We plan to go the quickie route without lawyers, since we can easily sort out our finances and there are no kids involved.
    B) If I left to go to UK and started the divorce from there, could he use abandonment as a reason for the divorce and I might lose everything? We have two houses that we have purchased together, both properties are in both of our names and we both contributed equally in terms of finances. One is fully paid for and the other has a small line of credit outstanding.

    Any assistance or advice would be much appreciated.

    Thanks!

  • #2
    Abandonment is not really a reason for divorce, you put as reason for divorce either unhappiness and leave it at that, and you wait one year. Or you can cite abuse or adultery, and get divorce quicker, but you have to prove this and it has to go through court, I doubt that it is really much quicker and certainly more expensive.

    You can start the process of divorce now, file a joint divorce so that neither of you have to be served, you are both applicants. You can both go to the courthouse and do all the paperwork at once if you have your marriage certificate and associated fees. However if you have a court case outstanding you will need further documents. The simple one-step process would be if you have no issues and no kids.

    Once file for divorce, you can just go, you would provide a stamped self-addressed envelope and would receive a copy of the divorce order when it is signed by the judge. This isn't a certificate of divorce but you could then order one by mail when you wanted.

    This leaves the issue with your houses. Frankly you are playing with fire here, and you are leaving them in his hands with no settlement, and if things tank you would have to flying back for court. Once you are divorced you have two years to agree on an equalization settlement, otherwise you would have been considered to have abandoned your property. The fact that you have your name on the title complicates this, and protects you somewhat, but you would absolutely have to speak with a lawyer regarding your options if you had to deal with this from UK.

    If you are amicable and agreeable and ready to split everything 50/50, you can just get it drawn up, notarized, you both get a brief legal counsel, and then you are done. It can be done is as little time as it takes to each get an appointment at a lawyer, probably within a week. The houses could be sold later, but you would have a signed agreement as to the disposition. Personally I wouldn't leave without that.

    Comment


    • #3
      Mess! Thanks SO much for your info!

      So, if we both file for a joint divorce now we could be done in 3-4 months? With no Separation Agreement? I could leave the country after the initial filing and receive the copy at a later stage. Do I not have to sign the final papers?

      We can easily have a 50/50 agreement drawn up and notarized. I think he will buy me out of my share of the current property re-sale value, and even though things are amicable now, one should not expect that they will remain this way, so it would be important to me to have it legalized.

      Thanks once again.
      Chained...but not for long....

      Comment


      • #4
        Mess, Could you please just confirm the following:

        If we file jointly for a divorce we could be done in 3-4 months?
        With no Separation Agreement?
        I could leave the country after the initial filing and receive the copy at a later stage as you suggested.
        Do I have to sign the final papers?

        Thanks!

        Chained

        Comment


        • #5
          A Guide to Proceedures in Family Court
          <DIR><DIR><DIR><DIR>
          3. Joint Application – Includes Claim for Divorce
          </DIR></DIR></DIR></DIR>
          If you and your spouse are jointly claiming a divorce and you also agree on how your other family law matters should be resolved, including custody of or access to children, support for yourself and your children or division of matrimonial property you will need,
          <DIR><DIR><DIR>
          • Form 8A: Application (Divorce).
          • Form 36: Affidavit for Divorce.
          • Form 25A: Divorce Order
          • Registration of Divorce Proceeding form (available at the court office).
          </DIR></DIR></DIR>
          You must also provide the court with two self addressed stamped envelopes, one addressed to you and one addressed to the respondent. This will allow the court to mail to you your divorce order.
          If your application also includes a claim for support, custody or access or division of property, you will also require additional forms to support these claims. See 1. General Application above for a list of the forms required for:
          <DIR><DIR>
          o
          A Claim for Support (Application Does not include Property Claims)

          o
          A Property Claim (May also Include Support Claims)

          o
          Custody or Access of Children

          </DIR></DIR>
          With a joint application you do not serve the other party, you are both applicants so you can skip a step completely and it is possible to fill out the forms in one visit to the courthouse if you both go together to sign them and you have your marriage certificate.

          Then you are done, you can leave and never come back, the results will be mailed to you. Not 3-4 months, 1 day. However you will wait for the process to complete itself and the envelope to come in the mail.

          As for your property issues, this doesn't deal with them at all, this is just divorce. Property issues could drag on and on. You need to see lawyers, get it drawn up properly, put your foot down in the lawyer's office that you don't want to sue each other and you are happy with your agreement.

          Comment


          • #6
            You are amazing, Mess, thanks so much!

            Comment


            • #7
              Mess, I have one further question:
              On the forms to be completed (as per your previous post) I notice there are are numerous references to our being separated. We are not and never have been and will only separate when we complete the forms and file jointly at the court, and even then I may stay in the house albeit in seperate living quarters for economic reasons.

              Is the fact that we dont have a separation agreement going to make a difference to the outcome and the time it will take to process?

              What do I say on the forms when they ask for the date of separation?

              Thanks for your help!

              Chained

              Comment


              • #8
                If you have started to live separately in the home (not sharing meals, a bed, watching tv together etc.) then you can use the date you started doing that as a separation date. If you can't remember what date that would be, then you can use the date you file as the separation date, and begin acting that way from then on.

                If you both agree to a separation date, the court is not likely to question it.

                Comment


                • #9
                  Thanks billiechick, I just wanted to make quite sure we are not expected to have a formal signed document stating we had been separated for a year!

                  I appreciate your advice.

                  Comment

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