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My wife and I are Canadian citizens but we're married and…

My wife and I are...
My wife and I are Canadian citizens but we're married and have residency in Mexico. We're getting divorced. We've agreed on splitting of assets and Spousal Support amount and duration. She is moving back to Canada this month, i am not. Do I have to file anything in Canada to get the divorce and protect myself from potential future litigation from her within Canada.
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Customer reply replied 7 months ago
Also we were married in Mexico.
Answered in 12 minutes by:
1/16/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,024
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

Are there any assets in Canada?

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Customer reply replied 7 months ago
One vacant lot that will be in my name.
Customer reply replied 7 months ago
It is in BC
Customer reply replied 7 months ago
we have a business in Alberta that will remain in my name as well.

Neither of you can apply for the divorce in Canada at least until one of you has lived in Canada for a full year.

You can apply for the division of assets if necessary.

But if all is settled then your very best approach to protect you is to have a separation agreement signed in BC where you both get independent legal advice. So perhaps you retain a lawyer in BC to draft the agreement and she takes it to her own lawyer.

That will protect you from further claims for spousal support and with respect to property.

Otherwise no matter where you get the divorced she can always try and get a variation for spousal support.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 7 months ago
If I get the separation agreement in place in Canada, could I get a divorce under Mexican law, that would be accepted by Canada, as we are both still residents here?

So long as you've lived in Mexico for at least one year before you apply Canada will recognize the divorce.

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Customer reply replied 7 months ago
Ok. Thank you very much! You have been a great help. Do you have any low cost recommendations for a lawyer to draw a separation agreement? What is a typical charge for this service?

This should not cost that much as it is on consent, I hope, but you have to be sure to see a lawyer that is experienced enough to do it correctly.

I don't have any recommendations but if you want a lawyer in BC then you can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:
(###) ###-####or 1.***-***-****.

And in Alberta you can call:

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:
(###) ###-####or 1.***-***-****.

Ask Your Own Canada Law Question

This should not cost that much as it is on consent, I hope, but you have to be sure to see a lawyer that is experienced enough to do it correctly.

I don't have any recommendations but if you want a lawyer in BC then you can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:
(###) ###-####or 1.***-***-****.

And in Alberta you can call:

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:
(###) ###-####or 1.***-***-****.

Debra
Debra, Lawyer
Category: Canada Law
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Customer reply replied 7 months ago
Thank you very much!!
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