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Can visitor to Canada, not legally married to a Cdn file for divorce/alimony?
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Non-legally binding "ceremony" done over-seas. Co-habitated for 14 months. She left the residence and sought help from a women's shelter under the guise of being "abused". She had him arrested and charged with 6 offences (all of which are fabricated accusations). The visitor seems to be taking these steps to gain permanent entry into the country. He is having to liquidate assets in order to pay for a criminal lawyer to clear his name. Now she has filed for "divorce" from a "marriage" that does not exist and is seeking thousands of dollars up front in addition to $2000 per month. I don't believe they are even considered common-law. She has been out of the house for a few months. No children. As a visitor to Canada, she cannot work and this appears to be a way to get some money. He owned a home prior to meeting her and is seeking 50% of his assets. What can be done to protect his assets? How can a visitor to this country be entitled to even file this suit?
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You can't get a divorce if you were never married! She has no right to any property you purchased before you co-habitated with her. If there is no basis for her accusations of abuse, she will lose the case. She will have to return to the country where you live if she wants to take this to court. She can't gain citizenship in Canada unless she has a job there, and she can't work without a visa. Common-law is different in every country - the only law that matters in this case is the law where you lived together. Clear you...
Answer Date: 07:34am 07/03/08
