I am a Canadian citizen but I live abroad if I divorce my Husband…

Hello, thanks for the question. It's a good one.

A divorce is simply a dissolution of marriage. It's separate from a claim for division of family property.

You can get a divorce where you are, but there will be some rules about how long you have to have lived there, and get a declaration likely from a lawyer that your marriage is similar enough to a recognized marriage in your country that the court there can issue you a divorce. If you live in a commonwealth country, that shouldn't be a problem.

Property division is a separate issue. Getting a divorce doesn't automatically get you half of his property. Firstly, you need to understand that each spouse is entitled to half of the growth in their wealth while together; that's the Net Family Property. Whatever each of you brought into the relationship remains yours. Gains or losses experienced after separation remain yours.

If this was a long marriage and your joint wealth has increased a lot then you are definitely entitled to a good sum. But let's say that you and I marry, and you have a million dollars and I have nothing. We separate five years later, you still have a million but I have $100 in my bank account. The increase in our wealth is thus $100, and since I have it all, I owe you $50. That's how it works, using a very simple example.

If the property, or at least a good chunk of it, is in Canada then bring your application from property division in Canada. The courts of on country have little power to divide property that's in other countries, should you need third parties to help you enforce an order.

Good luck
Ulysses

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