gaz_c2c

I've been back in Toronto as a PR for almost 6 months now and things have been steadily improving. For those that don't remember my backstory on BE, I came over in early 2015 with my wife (both of us on IEC visas) and returned to the UK in the late summer of 2016. After a year of living in the Northwest of England (both a new area for us, coming from the East Midlands originally) we both applied for PR (I was the primary applicant) and this was approved in July 2017. Unfortunately by this point our marriage was in a pretty bad place, and I spent most of the summer staying with my parents (in England) or grandparents (in Scotland) while we worked out what to do next.

To cut a long story short, in September I decided to return to Canada and my wife decided to return to her home town in Lincolnshire. Although we maintained contact over the winter, it didn't seem that reconciliation would happen and after some frosty emails in January I notified IRCC that we were separated (and therefore her COPR document was cancelled).

Anyway, I received an email from her solicitor indicating that they would be sending me the petition for divorce in the UK courts, and that I (the respondent) would be expected to pay the fees. I honestly don't mind paying the fees (within reason), but in return I was hoping to do this through the Ontario courts here (I was a bit surprised to receive the email when I did, but hey ho!).

Has anyone gone through a similar situation? Can I start a petition for divorce through the Ontario courts regardless or would it be best to wait for the letter/documents to arrive from her solicitor and just go through the UK courts? Finally, would I be best to find a solicitor based in the UK or deal with this myself (I was hoping this would be uncontested as we had no assets between us, but I want to make sure that I am fairly represented)? I don't want to spend extravagant amounts of money on this if I can help it.

Sorry for all the questions and backstory, but its a new experience for me!

Aviator

I would not be rushing to agree to anything. I guess anyone can expect what they like, but what they get may be entirely different.

You should be contacting a lawyer yourself. If it is in the UK, a UK lawyer. We have an expat family lawyer on this board. I feel sure you get some good guidance from here, but get yourself a lawyer ASAP.

If it were me, if the other side has a lawyer, I would want one too to be sure I am getting fair treatment.

DandNHill

If you had no assets can you not just file your own paperwork? A friend did that in the U.K. and it cost them about £500 each.

Another friend works for the ministry of justice overhauling all their IT systems. A couple of years back he said that they were creating an online quicky divorce application.

Aviator

That would require both parties to co-operate. It seems she wants him to pay her costs.

Dorothy

I think I would be taking the position that if she wants a divorce then she can pay for it. Why would you be expected to pay the fees for a divorce that you have not initiated?

When my first husband wanted to remarry he filed for the divorce and paid the fees - including his lawyer's fees (I did not have legal representation). When my second husband and I separated it was me who wanted the divorce, so I filed and paid for it.

As far as I'm aware the filing fees and the charges are the responsibility of the person who files. The parties are responsible for their own solicitor fees. As has been said, don't agree to anything without getting legal advice.

glendem4

On what grounds are you getting divorce? In the UK, you have to be separate for 2 years and both parties agree, otherwise you will have to wait 5 years. Getting divorced is the easy bit, agreeing the financial settlement is the tough part. If you broke up amicably, then get a solicitor to draw up a legal agreement to split the assets 50/50. Once that is done and countersigned, then you can leave the rest of the legal process to take its natural course.

HGerchikov

I filed paperwork for a UK divorce myself some years ago, total cost was £40. Hard to imagine that in 20 years that has now gone up to £1000 but even if it has and you pay her share (though I don't see why you should based on what you gave said), it will still be a lot cheaper than paying for lawyers to argue over, apparently, non existent assets.

Almost Canadian

You cannot file a divorce action in Ontario as you have to be a resident in a Province for at least one year immediately preceding the filing of the Action so, at this time, Ontario does not have jurisdiction to deal with the divorce.

Even if it did, as your wife's action started first, it will likely have jurisdiction over the divorce. The only way you could avoid this would be to dispute jurisdiction which is likely to be expensive and unsuccessful for the reason stated above.

Costs are always in the discretion of the Court. The solicitor is attempting to do the best for his/her client and costs will need to be negotiated. I suggest that you contact a solicitor in the UK in the same town/city in which your wife lives. This is because they will know their local judges well and will be in the best position to provide you with good advice.

Almost Canadian

This is not correct. One can rely upon adultery, unreasonable behaviour and desertion as a fact the "proves" that the marriage has irretrievably broken down.

Hurlabrick

I read that as 'unless there are specific grounds for a divorce you have to wait.......'.

So yes, those specific grounds for divorce are as you mentioned for a sort of 'no fault' divorce.

I did my own a few years back. Like most people not prepared to wait, just agreed a string of 'unreasonable behaviours' between us - lots of examples on the internet. Did it myself and cost maybe £100 (possibly less, but it was trivial and not worth arguing about).

No need to involve a lawyer unless contested or a dispute over money.

DandNHill

Or as my ex, you’re an arse and can’t deal with your wife leaving you so you’re gonna be as unreasonable as possible so it drags on and on and costs your soon to be ex wife with £12,000 just to defend herself.
The outcome was that we would settle in the exact same way as we had already agreed on paper... I had to put my foot down and say “enough is enough” as my lawyer didn’t seem to be doing that!! So make sure you get a good one, with references, if you go that route (no disrespect intended Almost Canadian).

Siouxie

In cases where the divorce is uncontested, and where there are no arguments over property, money or children, divorces can be completed without the couple having to go to court. The forms are available for download and it's not difficult to fill them in and post them.

You could see if you can use the pilot for online filing.. see the box on the right on this page: Venues and forms

Despite the relationship ending acrimoniously, it may be an idea to suggest to your estranged one, that you file without the use of lawyers/solicitors, if you have no assets. If you have no assets, what on earth does she hope to gain from appointing a solicitor? The only people to win in this kind of situation is the legal team.

As others have said, unless either of you have grounds for divorce (adultery, unreasonable behaviour or desertion) then you would need to wait until you have been separated for two years - perhaps remind your partner of that?

I personally wouldn't be paying her fees - there is no need for you to do so as she is instigating the divorce. You could perhaps suggest, if you wait for the 2 years, that you will pay half as a gesture of goodwill.

gaz_c2c

Hi everyone, and thanks for all of your advice.

Just to follow up with what a few people have pointed out, I was under the impression that me and the OH would wait for the 2 years in the UK (or 1 year in Ontario) to elapse and then do it quickly, cheaply and uncontested. As you can imagine I was a little surprised to receive the email after only 6 months (and to answer the question, unreasonable behaviour has been cited as the grounds for divorce...i.e. me moving to Canada without her).

I get the feeling that when I removed my OH from the PR application in January that this has caused a reaction...hence her approaching a solicitor recently.

Well I have plenty of food for thought, I'm calling my folks in the UK this week (both divorced ) so I'll see if they can recommend a solicitor locally if it comes to it. I'll also ask for some more details from my OH's solicitor so that I am hopefully a bit more clued in to what their expectations are.

Hurlabrick

You can of course do an 'unreasonable behaviour' divorce without a lawyer (I did). They key here is that both parties are amicable and prepared to sign (probably exaggerated) BS 'behaviours'. My first wife and I agree the financials between us and signed an agreement, then signed and agreed the 'unreasonable behaviours' .

BristolUK

I've heard of a marriage of convenience but not a divorce of convenience.