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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 06-17-2021, 10:31 PM
Laska Laska is offline
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Default Double marriage, divorce, deviding family property, child support

Here is my story:
Me and my husband got legally married in Canada 15 years ago. We have a daughter, she is 16 now. We have bought a house 13 years ago. Mostly (around 80%) I have paid all family expenses, including house's expenses during our marriage.
Since 2020 we are separated. Husband has left our family home and I live with my daughter in our house. Nobody from us has filed any divorce/separation papers in a court so far. In 2020, when we started to live separate with my husband, I have found out that my husband was not legally divorced from his first marriage at another country when me and him got married in Canada (I have got an official documents confirming that).
So basically he was legally married when we got married with him.
I have a few questions on this matter and I would be glad if I will be able to get answers here or directions: where to move on or where to read.
Questions:
1. Which Canadian law tells that double marriage is illigal in Canada?
2. What would be or could be a consequences for my husband for double marriage?
3. How would be considered our marriage from legal/law side, if it seems it was illigal?
4. How separation/divorce would be proceed in this case?
5. How my husband's double marriage could or would affect the deviding of the our family's property (house, etc.) during separation/divorce?
6. What would be a child support which my husband supposed to pay since our separation date.
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  #2  
Old 06-17-2021, 11:35 PM
Kinso Kinso is offline
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Default

Quote:
1. Which Canadian law tells that double marriage is illigal in Canada?
Bigamy

Criminal Code of Canada:

290 (1) Every one commits bigamy who

(a) in Canada,

(i) being married, goes through a form of marriage with another person,

(ii) knowing that another person is married, goes through a form of marriage with that person, or

(iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or

(b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.

Quote:
2. What would be or could be a consequences for my husband for double marriage?
Punishment

291 (1) Every person who commits bigamy is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction.

Quote:
3. How would be considered our marriage from legal/law side, if it seems it was illigal?
Your marriage is void ab initio, but your rights under the Family Law Act (in Ontario at least) are preserved.

Quote:
4. How separation/divorce would be proceed in this case?
With the benefit of a lawyer I hope.

Divorce won't be necessary, the rest is the same.

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5. How my husband's double marriage could or would affect the deviding [sic] of the our family's property (house, etc.) during separation/divorce?
It won't. Unless you knew he was married and married him anyway.

Quote:
6. What would be a child support which my husband supposed to pay since our separation date.
Depends on his income. It would likely be retroactive to the date of separation.

All of the above is complicated. Hire a lawyer.
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  #3  
Old 06-20-2021, 10:39 PM
Laska Laska is offline
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Thank You for reply
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