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    britboy's Avatar
    britboy Posts: 2, Reputation: 1
    New Member

    Jan 24, 2007, 11:55 AM
    Canadian immigration and divorce
    Ive been married to a Canadian for 10 years, we lived in the UK and had 2 children. We decided we wanted a change in lifestyle and decided to sell up and move to BC Canada. Both my young children and wife had Canadian citizenship and moved across to establish our lives. I stayed in the UK to sell our house, keep money coming in and get my immigration established. One year passed and I finally got my documents, my wife sponsored me as a family class immigrant. I resigned from my career in the UK and joined my family in our new house in Canada.

    I thought we were happy, but 3 months after landing she announced on New Years day that she was leaving me to be with another man. She said she loved him and walked out on me and our children. Before she left she said she would not put me on the streets and she wanted to keep the house so that the kids had somewhere nice.

    She now wants joint custody of the children (which I can accept) and her new house as their primary address (Which I cannot accept), she also wants to sell my house and have half the proceeds, which will mean I couldn't afford a decent house for the kids to live in when their with me. I still don't have a job and have no income or savings.

    What can I do to protect my home and children?
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
    Ultra Member

    Jan 27, 2007, 07:52 PM
    I am so sorry for your troubles.

    Are you divorced, legally separated, or just living separately? If you are not divorced, and there is no final decree, there are steps you can take. There is a legal expert that is a member here. I will advise her of your posting and see if she can give you some guidance. There may be a problem with Canadian law vs US law. Not sure if it may be an obstacle.

    Britboy, I received a reply from the person I spoke about. She does not know Canadian law and her specialty isn't divorce law. She suggested that you contact a divorce lawyer in your area. Usually they don't charge for the initial consultation. They can better tell you what rights you have under the law.

    Sorry I couldn't be of more help to you. Good Luck.
    britboy's Avatar
    britboy Posts: 2, Reputation: 1
    New Member

    Jan 28, 2007, 04:04 PM
    Thanks for that RubyPitbull, I suspect I'll be spending a lot of time with my Lawyer. My xWife is my immigration sponsor and she will have to provide financial support for 3 years and up to 10 years where children are involved, and there's absolutely no way she can get out of that even after divorce.
    If I can prove that she had no intention of having a relationship with me when I got to Canada that becomes a whole new proposition as it could be a criminal act... food for thought.
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
    Ultra Member

    Jan 28, 2007, 04:44 PM
    Oh you are such a bright britboy! :-) Good on you mate!

    I felt very badly for you after reading your post. But, you sound like you have a good head on your shoulders. If Canadian law is anything like U S law, you could sue her for divorce under adultery, alienation of affection, or abandonment. I guess the intention in all this would be to keep the house entirely so that your children have a place to live with you.

    I am glad you are being proactive.

    Cheers, and Good Luck!

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