Advice on Divorce

[Foolish]

Hi everybody, regrettably I need some advice regarding my sad situation.

I was recently married to a Filipina in Philippines (March 2014).
I submitted a PR application to CIC-Mississauga (June 2014) and I’ve recently been granted Sponsorship Approval.
The application is now in early second stage at the Canadian Embassy Manila (CEM).

It is with heavy heart that I must say our marriage is failing and the only solution is to end it.

The first order of business would be for me to terminate my Sponsorship via an email to CIC–M and CEM – correct?

Secondly we need to legally end the marriage. Since we weren’t married in Canada and neither is she a PR of Canada, do I need to file for a divorce in Canada? What about division of assets (i.e. my assets, since she has none)? For example am I legally bound to divide my house (matrimonial home) with her and divide any assets that we’ve accumulated together while we were married? In fact do we need a legal separation agreement before a judge will grant a divorce?

I’m sorry for the legal questions, and I realize that I need to consult a lawyer, but perhaps someone has gone through a similar situation and can shed some light on this for me.

Thanks

 

[screech339]

You would have to inform CIC to formally withdraw the PR spousal sponsorship application. Once that happens, CIC will take over and begin the process of officially cancelling the process. Once that happens, your soon to be ex wife will be informed of this. You will not be able to keep this from her. She will know one way or another.

You can get a divorce in Canada. You must be legally separated for one year before being grant the divorce proceedings. Once divorce is granted, it will be legal in all countries except Philippines as they do not allow divorces. CIC office for Philippines will accept your divorce as legal BTW.

Screech339

 

[Foolish]

Thanks for your reply.
Would we need a legal separation agreement signed by both of us and our lawyers in order for the divorce to be granted?
How about division of assets, would that just follow Canadian law?

 

[screech339]

Regarding what to do about getting official start of separation date in your situation, it is a bit out of my scope of expertise of divorce proceeding, especially international divorces. Best to contact an experienced divorce lawyer that deals with international rules and let them guide you.

Screech339

 

[canadianwoman]

You won't have to give her half your house. The marriage has been too short for this. However, each province has different rules for the division of family property. Since you have never lived with her in your house (right?) it will not be considered the family home, and so will not have to be split 50-50.
I'd get a lawyer, though.

 

[Foolish]

That's correct, she has never been to Canada.

 

[screech339]

That's correct, she has never been to Canada.

That's the thing. How do you established official separation date if she hasn't been in Canada? Like I said, not familiar with it over international divorce proceedings. Best contact a lawyer over it.

 

[chakrab]

did you buy the house before or after marriage? if before, then it may not be considered a matrimonial home.

 

[screech339]

did you buy the house before or after marriage? if before, then it may not be considered a matrimonial home.

May or may not work in that sense. Properties purchased before marriage can be split whether it is a matrimonial home or not, unless a pre-nupitial agreement was signed basically detailing what was owned before marriage is not to be divided.

Again, not an expert on splitting up assets after divorce.

 

[canadianwoman]

It's definitely not the matrimonial home, since they have never lived there as a couple.
The separation date is the date when one or both of you decided you didn't want to be married anymore. A couple can be physically separated, but not 'separated' for the purpose of matrimonial law. But when one of the couple decides they are no longer a couple, that is the date of separation. Harder to prove, of course, when you have been living separately anyway. But you can't state the separation started right after you got married, just because you were physically separated, for example. Choose the date you decided for sure the marriage was over. If you have some proof of this date, that would be good - such as an email or message to your wife to this effect. Or if she agrees on the date, that would be even better.