Move to Divorce

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Old Jun 30th 2013, 5:51 pm
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Default Move to Divorce

I wonder how many do as suggested here

I presume Canada is worse than the UK, hope I never find out


10. Moving the spouse to a different country, in order to obtain a more favourable divorce settlement

This may sound far-fetched, but this happens more frequently than you might think. The trusting spouse does not realise that the promised life of sun and fun is never destined to materialise.

Instead, a divorce looms in a country in which financial settlements are far more modest than in rainy England. And you may be legally stuck, unable to return with your children to England.

If your spouse encourages a move abroad, make sure that you agree beforehand what will happen if your relationship falters. Before leaving the country, consider entering into a postnuptial agreement (like a prenuptial agreement, but one that takes place after the wedding), which sets out where a divorce would take place, where the children would live and how a financial settlement would be worked out.

http://www.dailymail.co.uk/femail/ar...ce-tricks.html
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Old Jun 30th 2013, 6:00 pm
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Default Re: Move to Divorce

I doubt if moving to Canada would tick that box
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Old Jun 30th 2013, 6:22 pm
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Default Re: Move to Divorce

Originally Posted by PeterF
I wonder how many do as suggested here

I presume Canada is worse than the UK, hope I never find out


10. Moving the spouse to a different country, in order to obtain a more favourable divorce settlement

This may sound far-fetched, but this happens more frequently than you might think. The trusting spouse does not realise that the promised life of sun and fun is never destined to materialise.

Instead, a divorce looms in a country in which financial settlements are far more modest than in rainy England. And you may be legally stuck, unable to return with your children to England.

If your spouse encourages a move abroad, make sure that you agree beforehand what will happen if your relationship falters. Before leaving the country, consider entering into a postnuptial agreement (like a prenuptial agreement, but one that takes place after the wedding), which sets out where a divorce would take place, where the children would live and how a financial settlement would be worked out.

http://www.dailymail.co.uk/femail/ar...ce-tricks.html
The problem is whether the new jurisdiction would accept the validity of an agreement entered into in the former jurisdiction. If it doesn't, the parties will have to rely upon the laws of the new jurisdiction.

IMO, Canada's divorce laws provide for higher child support payments and better custody and access provisions for both parents than English law does. The Alberta laws also divide matrimonial property in a more equitable way. Of course, whether this is "better" or worse for the individuals depends upon the individual circumstances.
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Old Jun 30th 2013, 6:25 pm
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Default Re: Move to Divorce

I made sure that I would still have my residency rights should we divorce, separate or my spouse die whilst overseas.

I didn't want the end of marriage to mean I had to return to Britain a.s.a.p. Leaving wouldn't be a problem, just could do without that feeling of being chucked out as surplus to requirements.
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Old Jun 30th 2013, 9:27 pm
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Default Re: Move to Divorce

Originally Posted by PeterF
I wonder how many do as suggested here

I presume Canada is worse than the UK, hope I never find out


10. Moving the spouse to a different country, in order to obtain a more favourable divorce settlement

This may sound far-fetched, but this happens more frequently than you might think. The trusting spouse does not realise that the promised life of sun and fun is never destined to materialise.

Instead, a divorce looms in a country in which financial settlements are far more modest than in rainy England. And you may be legally stuck, unable to return with your children to England.

If your spouse encourages a move abroad, make sure that you agree beforehand what will happen if your relationship falters. Before leaving the country, consider entering into a postnuptial agreement (like a prenuptial agreement, but one that takes place after the wedding), which sets out where a divorce would take place, where the children would live and how a financial settlement would be worked out.

http://www.dailymail.co.uk/femail/ar...ce-tricks.html
Shhhhh! What do you think you're doing posting that. My wife reads this forum too
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Old Jul 3rd 2013, 4:59 am
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Default Re: Move to Divorce

Originally Posted by Almost Canadian
IMO, Canada's divorce laws provide for higher child support payments and better custody and access provisions for both parents than English law does. The Alberta laws also divide matrimonial property in a more equitable way. Of course, whether this is "better" or worse for the individuals depends upon the individual circumstances.
You don't even need to be married, or even in a conjugal relationship, they came up with that law because gay marriage is politically sensitive in Alberta so they basically said any people who live together have rights, e.g. brother and sister.
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Old Jul 3rd 2013, 1:28 pm
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Default Re: Move to Divorce

Originally Posted by Steve_
You don't even need to be married, or even in a conjugal relationship, they came up with that law because gay marriage is politically sensitive in Alberta so they basically said any people who live together have rights, e.g. brother and sister.
What rights?
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Old Jul 3rd 2013, 3:21 pm
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Default Re: Move to Divorce

Originally Posted by Almost Canadian
What rights?
I think they are referring to this:

http://www.canlii.org/en/ab/laws/sta...-a-4.5/latest/
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Old Jul 3rd 2013, 4:50 pm
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Default Re: Move to Divorce

Originally Posted by siouxie
I think they are referring to this:

http://www.canlii.org/en/ab/laws/sta...-a-4.5/latest/
I am aware of what the law says

My post made reference to division of matrimonial property, custody and access, and child support, none of which are governed by that legislation.
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