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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118787
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a enquiry regarding International divorce.. CA, not

Customer Question

Hi there,
JA: Hello. How can we be of help?
Customer: My name is***** have a enquiry regarding International divorce..
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Have you talked to a lawyer yet?
Customer: not yet..
JA: Anything else you want the lawyer to know before I connect you?
Customer: My husband and I are both UK/US citizen. We married in 2005 in the UK and still own a property in the UK. We have been living and working overseas for the last 7 years (mainly in the US) and now we are living in Canada -Vancouver, BC (we only moved to here in July this year) for my husband's work relocation. We have a 2 year old son who was born overseas and I haven't been working since I had my child.We have just recently separated. I am living with my son. I understand that different countries approach the financial arrangements very differently. At this point I really need to find out which country's family law (between UK, U.S -CA State and Canada -BC) favors my situation (with 2yr old infant without financial income and pension..) in financial settlement. Thanks!
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, between the state of CA, the UK and BC, all of them have a community property regime, meaning all of them will divide your property acquired during marriage equally, 50-50. The issue is that if you have actual real property in UK, you will need to have that decided by a UK court. Also, you have not been in BC long enough to establish residence for purposes of filing divorce there, which is 1 year. Overall, the easiest and fastest way to divorce, especially given property is in the UK, is doing your divorce in the UK.
As far as the child and child support, generally, all three places are very close to equal. CA, BC and UK both have fairly strong and adequate mandatory child support laws, so you should end up getting decent child support based on your incomes as well.
UK and CA both provide for spousal support for a temporary period of time post divorce, usually 1/2 length of marriage, to give spouse time to get back into the work force to support themselves.
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