Divorce from pakistan- benefits?

[peace87]

My wife arrived in canada about 5 months ago from pakistan and things have not been faring well between us ever since. i own the house in which we lived together for 5 months. i want to know what would be the least expensive way for me to divorce her without giving her absolutely everything i own. i understand that i am responsible for her for 3 years- what does the law state regarding division of property etc, given that i am the only earning member in this case.

also, wouldnt it be better for me if i divorced her in pakistan and sold my property here in canada so she cannot claim it.

please advise..

 

[iarblue]

Well 50/50 in Ontario,even if you divorse in Pakistan,the property is still in Canada and she is entitlled.
But you really need to consult a lawyer.
This is a forum to bring couples together,not appart.
Good Luck

P.S. even though your the one making the income does not mater in Ontario is considered a family income not a single......your married......if she was home taking care of children......off work because of illness.......or just cant find a job as of yet.......do you think a judge is going to say to her oh well.
There are many women that work all day at home taking care of children, cleaning a home, doing laundry,while you are out working....and there is not to many law officals that would say it is not work.To most people a wife taking care of children, cooking, cleaning is harder work that being at a job.I would much rather go to work than do this.

I really dont want to get into a huge argument with others members here,but i would never feel right about getting married bringing her here,then stick her with nothing.

 

[heatherusa]

but i would never feel right about getting married bringing her here,then stick her with nothing.

I agree... if the marriage isnt working out then that is a shame, but you accepted the consequences when you married...the good parts and the bad and trying to hide assets or sell them and then divorce in another country to try and get around splitting them in accordance with the law is really not a fair thing to do. Maybe if you suggest to her that a different type of settlement could be worked out,she may be inclined to go along with it.

 

[Lois Lane]

My wife arrived in canada about 5 months ago from pakistan and things have not been faring well between us ever since. i own the house in which we lived together for 5 months. i want to know what would be the least expensive way for me to divorce her without giving her absolutely everything i own. i understand that i am responsible for her for 3 years- what does the law state regarding division of property etc, given that i am the only earning member in this case.

also, wouldnt it be better for me if i divorced her in pakistan and sold my property here in canada so she cannot claim it.

please advise..

best to see a lawyer, even in Ontario your wife wouldn't be given half your assets if they were acquired before the marriage, she would only be entitled to have the profit since the marriage, but its only been five months? you should think this through there is an adjustment period for both the person arriving in canada and for the person that lives here, maybe some counseling? maybe remembering the good times you spent together and what your hopes were

either way best of luck

 

[peace87]

dont get me wrong. she was only interested in getting the citizenship and property etc, which is something i realised only after she came here. i dont want to be unfair with her, but at the same time i dont want to just give away my hard earned money to her.

 

[Lois Lane]

i'm not a lawyer nor a marriage counsellor, but i hear way too often that when a new PR arrives and things dont work out its because they were just coming for PR, i know many many couples that didn't meet online, didn't have to go through immigration and things simply didn't work out

ultimately we are the ones that know what goes on behind our closed doors

goodluck

 

[canadianwoman]

My wife arrived in canada about 5 months ago from pakistan and things have not been faring well between us ever since. i own the house in which we lived together for 5 months. i want to know what would be the least expensive way for me to divorce her without giving her absolutely everything i own.

You're not going to have to give her everything you own. Half, maybe, but that doesn't include property acquired before the marriage. She left her country and her life for you, so leaving her with nothing is not going to seem fair to the Canadian courts. Even if you think she was just using you to get into Canada, and had no intention of staying married, you'll have to prove this. The marriage was found bona fide by the visa officer, and lasted five months, so the courts probably won't say it was a marriage of convenience.

i understand that i am responsible for her for 3 years- what does the law state regarding division of property etc, given that i am the only earning member in this case.

Doesn't matter who was earning - the money earned while married is for both partners.

also, wouldnt it be better for me if i divorced her in pakistan and sold my property here in canada so she cannot claim it.

If you want to get married again, it is better to get divorced in Canada. You are now a PR or citizen of Canada, so just going to Pakistan for a few weeks is not enough to get a divorce that will be recognized in Canada there.

 

[peace87]

the marriage actually took place about 2 years ago, but she arrived in canada 5 months ago. which would entitle her to half of everything i've earned/owned since 2008?

 

[canadianwoman]

I think so, unless you can prove in divorce court that she married you only so she could come to Canada. That is not that easy to do. I saw one case on CanLII where the marriage broke down about a month after the woman entered Canada, and the Canadian husband then insisted it was just a marriage of convenience and so he shouldn't have to give her anything. The judge disagreed and the husband had to pay up.
A divorce in Pakistan while you and your wife are resident in Canada will not be recognized by the Canadian courts. If you then marry again and try to sponsor another wife, her application will be refused because the marriage will not be considered legal (you still being married to the first wife in Canadian law). Just going to Pakistan for a few weeks or months does not mean you are resident in Pakistan for the purpose of divorce, again in Canadian law.

 

[buddhadimple]

Two things:

You chose to marry this woman so you should accept the legal consequences and not try to 'get out of' giving her what she is entitled to. You married her. You made that choice in my opinion. She left her country and her friends and family and now you're trying to trick her and hide assets from her just because you don't like her... just because you now regret the choices you made. It seems really sneaky considering you sponsored her to come to Canada in the first place. Once she has what's hers, move on.

Secondly, let it be a lesson for next time.

 

[toby]

Canadianwoman:

If Peace87 was married in Pakistan in 2008, then divorced in Pakistan while being a PR of Canada, are you sure that such a divorce would not be recognized in Canada?

In any event, according to Canadian law, Peace87, your spouse is entitled half the assets you accumulated from the date of marriage in 2008 to the date of legal separation. You spouse is not entitled to half of the assets you brought into the marriage. So, if you had $25,000 of bonds when you married and they were worth $35,000 on the day of separation, the growth would be $10,000, and your spouse would own half = $5000.

The house is a different matter. The one who owns the house is not allowed to include it in the assets he/she brings into the marriage, but IS required to include it in the assets on the day of separation. So, in effect the other spouse gets half the value of the house. Crazy, eh?

This is why some divorce lawyers recommend selling the house before separation, and keeping that money apart from communal property (e.g. don’t put the money in a joint bank account); or requiring the other spouse to pay for half the house; or mortgaging it and putting the mortgage money aside.

Whether these manoeuvres seem an unethical attempt to circumvent the Law, or justified, depends on the circumstances. But as several lawyers have said to me, “just because it is the Law, doesn’t mean it is just and fair.”

 

[canadianwoman]

Canadianwoman:

If Peace87 was married in Pakistan in 2008, then divorced in Pakistan while being a PR of Canada, are you sure that such a divorce would not be recognized in Canada?

PMM, in this thread, seems to think either the husband or wife has to be resident in Pakistan for a Pakistani divorce that would be legally recognized in Canada.
http://www.canadavisa.com/canada-immigration-discussion-board/-t40777.0.html

 

[iarblue]

You can go get divorced in Pakistan if you like but in Canada you will still be married,as to prove to the canadian government you relationship status will still say married and if you try to bring your pakistan divorce certificate in to say oh look we were divorced in Pakistan the Canadian government is going to say how when you were a resident of Canada,you will need to get divorced here.
And they are right anything you have aquired after your marriage is half hers,you can try to hide it but if she knows about it brings it up in court then she will get half of what you hid.
Be smart about it sit down with her discuss what she should get and what she should not get, if she agrees and you both sign the agreement then thats what you bring to divorce court in Canada.
If she doesnt agree then well its what the court decides then.
Maybe she did trick you to get the PR maybe she didnt like the other poster says we cant tell what goes on behind close doors and there is always two sides to every story.
Good luck,but you really need to consult a lawyer.

 

[toby]

Thanks, Canadianwoman for the reference. It seems that more than a few posters were married in a different country, and now want to divorce while resident in Canada. PMM is the resident expert on matters of immigration, but -- because the issue is really important -- I'd still like to know the legal basis for saying that a Canadian resident must divorce according to Canadian Law.

Two Canadian residents can fly to Las Vegas and get married, and Canada recognizes the legality of that marriage. SO why not the reverse? WHy couldn't the same couple get a divorce in Las Vegas that is legally recognized in Canada?

I wouldn't be the first time that the Law is illogical, mind you. ;D Iarblue is equally convinced that the divorce must be done in Canada. What's your source, please, Iarblue?

 

[bobshynoswife]

For a foreign divorce to be recognized in Canada, one of the spouses must be a resident in the country where the divorce was obtained for a minimum of 1 year before the divorce.

It is doubtful the OP would go to Pakistan for a year, and surely the wife would not go, so the absolutely MUST get divorced legally in Canada. They can get divorced after being separated for one year.

http://www.self-counsel.com/news/law/relationships/237-foreign-divorces-and-canadians.html