talltrucker2

Hey guys.

So it's been two years since my wife left and went back to the uk after only 8 weeks.

I have to admit its been a tough few years, finding the right job, selling my much loved house moving to the city. ETC....

I don't regret my decision to stay in Canada, even though i did move to the city more work and more of a chance to meet some friends, i now have friends and a girlfriend and am loving life here.

So as it's been two years since the breakup i can apply for Divorce Yay !!!
A separation agreement has been signed resulting in the house being sold and up front child maintenance till the age of 16.... Done.

Now she says she won't sign any court paperwork and will contest the divorce all the way..

What rights do i have ?? I'm at a total lose i have no cash for a lawyer so i need some of your valuable advise....

Thanks guys....

Aviator

You don't have rights. A contested divorce might be better handled by a lawyer. What jurisdiction was the marriage in? Which jurisdiction does the divorce go through? Child contact and residential orders? What about spousal support?

In the UK I believe it is 2 years uncontested or with cause, if contested by one party and no cause, 5 years.

http://laws-lois.justice.gc.ca/eng/a...3.4/index.html

PMM

Hi


Except isn't the OP in Nova Scotia, so the 1 year residency in Canada applies to divorce on separation?

talltrucker2

Hey.

We got married in Orlando Florida,
I'm going to apply thru the British courts for the Divorce.

I thought the separation agreement was enough regarding assets.
She earns more than me, I gave her nearly 100 thousand Dollars
Flights home for them both and 6k I also sent the dog back at a cost of 1,500 bucks. She bought a new house in the uk with the money and a small mortgage.

Hope this helps.

james.mc

If you are running this through a UK family court it is likely that they will look to ordering a settlement that will give you a clean break with no ongoing child maintenance. Because you are an overseas resident they would not be able to enforce any UK imposed maintenance order.

That's what they did with me through Brighton family court in 2000.

Cost wise it is better for you both of you do this in the UK. She would likely agree to that as she can use a local solicitor. So can you by the way.
Use a solicitor in the UK, not a lawyer. There is a difference in law.. and Cost!! The lawyer will strip you clean.
Solicitors costs are much more manageable but still not cheap.

If I remember correctly my solicitor allowed her fees to be paid out of the final settlement. Under UK law you would be entitled to 50% of your joint assets. With children involved you may need to forgo a good chunk of that for a clean break. 'Clean break' means, under UK law, that she cannot take you to court and come back for more at any point.. hence the name.

As you were married in Orlando one would have to wonder if she could take you to court in the USA at any point but my guess is (with her living in the UK) it would be unlikely.

Sue

I don't know if this is any help to you, but we published an article about this subject last year: http://britishexpats.com/articles/family/paradise-lost/

dbd33

No doubt someone who has been both a solicitor and a lawyer (simultaneously already!) will be along to comment however the idea that an order cannot be enforced because one party is abroad is bollocks. It might not be, but then again it might not be, if both parties were in Canada.

james.mc

Bearing in mind I was using the UK court as an example. Pray tell me how a UK family court can enforce an order of (say) child maintenance, on a person that does not reside in the UK, does not have any material possessions in the UK, plus works and banks outside the UK?

In my example my soon to be ex-wife lived in the UK. I did not. The Judge (not my solicitor) in the family court in Brighton (which I attended in person) was the one who suggested that any order of maintenance would be unenforceable in his mind. I would love to see the judges face if a solicitor responded on my behalf and said, as politely as you did in this forum 'That is bollocks m'lud!

My post was based on direct personal experience not that of someone whom appears to know better or is a solicitor or a lawyer.

talltrucker2

Hey,

Thank you Sue that article was very helpfull.
Thank you James your comment was very helpfull.
I'm concerned she can try to get more cash from me, there's been threats from her that she can get an attachment of earnings through the Canadian system if think she maybe just bluffing I guess in divorce you to have to be able to play mind games and be a good lier, I'm a crap lier and I don't play mind games.


Thanks so far guys.

Almost Canadian

As stated above by another poster, there is lots in this post that is nonsense!

Please tell me the difference between a solicitor and a lawyer in the UK. Please provide me with the legal authority that supports your position.

Judgments obtained in England and Wales can be very easily enforced throughout the common law Provinces in Canada. This may be possible in Quebec as well, I genuinely do not know.

Almost Canadian

They get the English Order converted into an Order of the Province in which the payor resides and they use the enforcement provisions available in that Province.

Judges get things wrong, that is why there are things called appeals.

Aviator

If they are divorcing in the UK, the 5 year rule applies if both parties don't agree to the divorce, unless one party has grounds and can prove it.
https://www.gov.uk/divorce/overview

The4BellsLondon

Does "she buggered back off to the UK" count?

missieleah

boom boom!:bang head:

bats

I think he means a barrister.