Divorcing wife from Philippines

[nexus20]

Hello, I was unsure where to start this topic. Unfortunately, my marriage to my wife in the Philippines has ended. After waiting 11 months for her to send me the paperwork and many excuses. I decided to end it as I have doubts in my mind now. I know divorce is illegal more or less in that country. I'm born and bred in Canada, if I apply for a divorce through lawyer here, will it be recognized in the Philippines? Last question, because we broke up under a year. Does she have any right to my assets here in Canada?? I'm worried, woman's scorn and all I appreciate any information, thank you!

 

[gabba50]

I am very sorry to hear that as many of us are still in honeymoon mind.
Is being slow to send the documents the only reason to end your marriage? As you are thinking of ending your marriage withing a short period after your ceremony, you can either think of marriage cancellation( Annulation). you can't file for divorce unless she has been here for one year,so you will have to go back there and she won't have the right to your asset unless the Canadian court(s) is(are) involved or if you voluntarily want to split. I strongly suggest you to consult a lawyer I might be wrong.

 

[canuck_in_uk]

Canada will recognize the divorce. Getting it recognized in the Philippines can be a long and difficult process and really isn't needed.

As for your assets, go talk to a divorce lawyer.

 

[mikeymyke]

Some provinces allow you to keep your assets if they were acquired before marriage.

 

[nexus20]

Waiting for paperwork isn't the only reason. I know that would be a bad reason just to end something. The wait put doubts in my mind and made me think what else she hasn't done for me. I've done so much for this woman the last couple years, financially to romantic. I get little in return I feel. Even Filipino's here in my city say it makes no sense why she taken so long to get me the paperwork. I did tell her form the beginning I would not wait forever, I need someone now. Been through 3 surgeries in the last 1 year, more to come. Unfortunately some can tag you along for a while because getting free money every months is nice..Hard to admit but I know that's most likely the case with this one.
But anyways, thank you for the replies!! I will consult a lawyer just to be safe. I know marriage there doesn't effect me necessarily here in Canada. But I'm not an evil person, I will grant her an annulment so she can re-marry in her country again.
P.S. We married in Philippines and she's never traveled here before and now relationship is over before 1 year. I think I'm safe :-X

 

[mikeymyke]

We both live in Edmonton, AB, the laws here for division of property and assets seem to favor you if you owned your assets before marriage, and the both of you didn't go purchase more assets together after marriage.

I'm sorry your marriage didn't work out, and it's probably not my place to say this, but maybe it's probably better now to start looking for a girlfriend/potential wife in Canada rather than abroad. It's extremely difficult emotionally and financially finding someone abroad, especially not knowing with 100% certainty they're marrying you for PR card or not. And even if she really did love you, it's hard to have to wait many months for the application to be approved being apart, doing the paperwork, spending the $ to travel back and forth, etc. At least when you be with someone here in Canada, you will know for a fact they're not marrying you for PR because they're likely a PR or citizen already.

If you're a Filipino yourself, or prefer someone from that kind of background, Edmonton has a sizeable Filipino community, I'm sure you'd have no problem meeting someone here. At least when you be with someone special here, you have all the time in the world to assess if she's right for you, and won't be separated by distance.

Also, on a side note, I wonder if Canadian courts would even recognize you as having been already married, if your wife hasn't even landed in Canada yet and be registered into their system? How would they even enforce you dividing your assets and send them abroad to a foreigner?

 

[nexus20]

Thanks for the reply MikeyMyke! I like candid, honest people. I don't judge back as someone from the outside might see things more clearly like yourself. I agree on the part of not looking overseas anymore. It truly is hard, the distance is the hardest part. Money can be earned again, your time and heartache you don't get to give/take back. I know she was a good woman but her reasons for taking so long escaped me. When I told her it was over, she barely went out with a whimper. Made it easier for me and the last few months the love felt like a rose dying. One pedal at a time falling off. I'm as white as they come but foreign women always been my preference lol. I actually met a woman here in Canada from Costa Rica. She's a permanent resident, so as you say, don't have to worry about that being their sole reason to be with me! Everything is going great!

I wonder on the part of them even recognizing it as a valid marriage too. I've never applied for anything since we got married and I had my house before we were together. Pretty sure I'm okay. I should consult a lawyer to be safe. Then I'll post here just in case someone else might be in the same situation! Thanks my friend Edmonton FTW!!

 

[canadianwoman]

Canada will recognize it as a valid marriage, so don't get married again before either getting divorced or having the marriage annulled.

However, for division of assets, here is where it won't affect you. She would have to make an application in Canada to split the marital property - which would be what was earned during the marriage. In addition, in Canada she gets half the matrimonial home, no matter who paid for it. However, you don't have a matrimonial home, because she never lived here with you. She would also have to file an application in Canada to get alimony, and getting alimony would be unlikely because of the short length of the marriage.

 

[mikeymyke]

Canada will recognize it as a valid marriage, so don't get married again before either getting divorced or having the marriage annulled.

How would Canada even recognize that he's already married if he hasn't even sent in the spousal application yet, and that his wife hasn't even landed in Canada?

Thanks for the reply MikeyMyke! I like candid, honest people. I don't judge back as someone from the outside might see things more clearly like yourself. I agree on the part of not looking overseas anymore. It truly is hard, the distance is the hardest part. Money can be earned again, your time and heartache you don't get to give/take back. I know she was a good woman but her reasons for taking so long escaped me. When I told her it was over, she barely went out with a whimper. Made it easier for me and the last few months the love felt like a rose dying. One pedal at a time falling off. I'm as white as they come but foreign women always been my preference lol. I actually met a woman here in Canada from Costa Rica. She's a permanent resident, so as you say, don't have to worry about that being their sole reason to be with me! Everything is going great!

I wonder on the part of them even recognizing it as a valid marriage too. I've never applied for anything since we got married and I had my house before we were together. Pretty sure I'm okay. I should consult a lawyer to be safe. Then I'll post here just in case someone else might be in the same situation! Thanks my friend Edmonton FTW!!

That's terrific, I'm glad you're moving on nicely. Lots of foreign women here, don't worry

 

[nexus20]

I would have to agree with Mikeymyke. I've never claimed her for any tax benefits(Can't anyways) I couldn't give her any medical/dental benefits I had(Checked into this before). I'm not here trying to lie to the government or anything, fact is it ended before anything even crossed the border so to speak and under a year. I'll still see what a lawyer says, assets was my biggest concern. Thanks everyone!

 

[mikeymyke]

The only way I could see that Canada would see you as having still been married would be either you for some reason, decided to go to a registry to let them know you are married, or you changed your tax status as married. Technically, I guess by law, what you're supposed to do was change your marital status with CRA as soon as you were married, but since you haven't, I don't see how Canada could see you as having been married.

And like canadianwoman said, your wife never lived with you in the house, she never made any financial contributions to you or the house, you guys never acquired any property or assets together, so honestly I think you're in the clear, but definitely check wtih the lawyer. I don't even know how Canada would even enforce division of property to foreign ex-spouses

 

[canadianwoman]

There is a difference between immigration law and family law. Certainly, if he never tells the Canadian government that he got married in the Philippines, it is not likely the government will find out. However, he is still married. Getting married again before getting a divorce or having the marriage annulled would be committing bigamy. Again, there may well be no consequences, but I still would not do it.

The Canadian government will recognize a marriage if it is legal where it occurred and if it is legal in Canada. His marriage appears to satisfy these criteria. This has nothing to do with whether a visa officer would consider the marriage to be genuine for immigration purposes. We all know a valid, legal marriage is not enough to sponsor a spouse successfully - you also have to prove the marriage is genuine. For purposes of family law, you do not have to prove your marriage is genuine - if you are married legally, you are married.

The OP can get a divorce in Canada. He has to communicate the fact of the divorce to his wife in the Philippines. He does not need her consent, though this would be better. I suggest he get a lawyer to handle the divorce. Alimony would be extremely unlikely. Any division of assets would also be unlikely.

On government forms, he should be checking off the separated box, if available, and if not, the married box.

 

[duMaurier]

What if I bought assets after marriage but she made no contributions to it as she was still overseas. Our marriage ended within a month of landing. I talked to my lawyer but it doesnt sound like its going to be cheap to make the claim that she made no contribution to the marriage and assets. I am in a low paying job now and will probably have to go into my TFSA, RRSP eventually. TFSA I can use but the tax implication on the RRSP is a ridiculous. I Just wanted your guys thoughts.

My financial advice is put your money into TFSA vs RRSP unless RRSP will help you save money on your income tax.

 

[SaskinSeoul]

Thanks for the reply MikeyMyke! I like candid, honest people. I don't judge back as someone from the outside might see things more clearly like yourself. I agree on the part of not looking overseas anymore. It truly is hard, the distance is the hardest part. Money can be earned again, your time and heartache you don't get to give/take back. I know she was a good woman but her reasons for taking so long escaped me. When I told her it was over, she barely went out with a whimper. Made it easier for me and the last few months the love felt like a rose dying. One pedal at a time falling off. I'm as white as they come but foreign women always been my preference lol. I actually met a woman here in Canada from Costa Rica. She's a permanent resident, so as you say, don't have to worry about that being their sole reason to be with me! Everything is going great!

I wonder on the part of them even recognizing it as a valid marriage too. I've never applied for anything since we got married and I had my house before we were together. Pretty sure I'm okay. I should consult a lawyer to be safe. Then I'll post here just in case someone else might be in the same situation! Thanks my friend Edmonton FTW!!

You're still married and found a woman from Costa Rica that's on permanent residence?

Sounds like you have buyers remorse. Does your new girlfriend know that you are married?

 

[canadianwoman]

What if I bought assets after marriage but she made no contributions to it as she was still overseas. Our marriage ended within a month of landing. I talked to my lawyer but it doesnt sound like its going to be cheap to make the claim that she made no contribution to the marriage and assets.

Whatever assets were accumulated after the marriage are communal property and should be divided equally. It doesn't matter who actually bought something.
However, that is for a normal marriage. It could be argued that since she used you to commit immigration fraud, the above should not apply to your marriage. You will need a lawyer for this.