Need Help for My Brother in Laws Ex Wife Divorce Settlements

[Pathan Alamgir Mustafa]

Dear All,

My Name is Pathan Alamgir and I am from Mumbai (India) . My Sister Got married to Canadian Guy staying in Ontario. he is PR Holder of Canada. He is divorce his wife according to Indian law in India but in Canada he has not filed Divorce paper. My Sister Applied for her PR to stay with her husband but her visa got refused because her husband didnt give divorce to his ex wife in canada. my sister can not go to canada. to resolve the matter we met brother in laws ex wife and she said she want part in brother in laws property here in india and she need Cash Money from Canada as part of Canadian Property so she can come back to India and settle here. My Brother in Law is not agree to give her part in his Canadian property but we requested ex wife infect we pleaded her and now she is agree to come to canada and settle the matter only for My Sisters Life. She is very helpful lady. we are not sure if my sister has been cheated or not but we would like to send my sister with her husband. so i kindly request you to please give me some advice how we can resolve this matter. is it possible if ex wife take some cash in canada and they can divorce each other. Ex wife do not want to stay in Canada now because she is alone with her Parents and she would like to take care of her parents here in India . Can anyone help me on this matter. Actually my parents do not know anything about it.

There is noway that My Brother in Law can resolve the matter by paying some agreed cash to ex wife in canada and they can file their Divorce ?

 

[newtone]

Your brother in law has to be man enough to take care of his ex-wife's problem. He needs to sort all this out in Canadian court so that he is officially separated with no liens on property or assets he owns in Canada or India so that his ex-wife may not be able to make any claims in the future. He needs to get in touch with a family lawyer Your sister also needs to understand she married a man and not a eunuch. Your sister needs to step aside for the time being and let him sort it out with his ex-wife.

 

[Pathan Alamgir Mustafa]

Dear Newtone,

Thanks lot for your reply, really appreciated. actually my sister became victim of ex wife and brother in laws problem now since last 4 years my Brother in law is saying it is very difficult to divorce wife in canada.I have to give 50% of my property to her etc. basically he dont want to give her any part in his property. Ex wife is good lady. we met her personally and she agreed to help my sister because she said she dont want to spoil my sisters life. But problem is my Brother in law is saying matter can not be resolved without giving her part of my property. we are not sure if he is sayin truth becuase we are in india. we have to Trust him by defult. My Brother in laws ex wife is in India at the moment and she dont want to go back to canada as she is taking care of her old parents but she is ready to help my sister and she said i need my part here in India and i will sign the divorce latter. what i want to ask is there any ways that Canadian government accept their divorce without taking part in property?

According to you My Brother in law have to prove to canadian Court that his ex wife have no leins in any of his property and she can not claims it in future ?

 

[newtone]

Dear Newtone,

Thanks lot for your reply, really appreciated. actually my sister became victim of ex wife and brother in laws problem now since last 4 years my Brother in law is saying it is very difficult to divorce wife in canada.I have to give 50% of my property to her etc. basically he dont want to give her any part in his property. Ex wife is good lady. we met her personally and she agreed to help my sister because she said she dont want to spoil my sisters life. But problem is my Brother in law is saying matter can not be resolved without giving her part of my property. we are not sure if he is sayin truth becuase we are in india. we have to Trust him by defult. My Brother in laws ex wife is in India at the moment and she dont want to go back to canada as she is taking care of her old parents but she is ready to help my sister and she said i need my part here in India and i will sign the divorce latter. what i want to ask is there any ways that Canadian government accept their divorce without taking part in property?

According to you My Brother in law have to prove to canadian Court that his ex wife have no leins in any of his property and she can not claims it in future ?

To be very honest, from what your brother in law is saying about divorce in Canada is complete hogwash. Its not that hard. I personally think he dosent want to be fair to his ex-wfe and give her 50%. This should really tell you a lot about the person your sister is trying to get married to. Granted that some divorce cases maybe very complicated where children are involved. I dont know enough about your case to make a judgement. For the most part its not that hard to get a divorce, lawyers openly advertise it in bus stand posters "Divorce as easy as 1 2 3"

Immigration and property are two separate things. You should understand the fact that your sister cannot legally marry someone who is already married. Polygamy is not allowed in Canada. Canadian government is only concerned about their divorce. The government or immigration dosent care about what happens to their property. This is something that needs to be sorted by both parties through a lawyer. As far as Government of Canada is concerned as long as they have official divorce papers thats all that matters

 

[Pathan Alamgir Mustafa]

I completely agree with you. Fact is My Brother is law gave us some different story. he said his ex wife happy asked for divorce because she was able to give birth to child due to some problem and my brother in law wanted child but after 2 years of marriage we came to know that there were many other points which we were not awared. I am very much thankful to you for providing information. may be we can not do anything from here but at least we can have an idea what he wants to do. Thanks lot and God Bless you.

 

[Lammawitch]

I'm sorry to hear of these problems .

1. Canada will not recognise a divorce decree from India unless one of the spouses was resident in India for a year before the divorce proceedings. To put it bluntly, if I have understood the facts correctly, your "brother-in-law" & "ex"-wife are still married as far as Canada is concerned.

2. Given the above, Canada does not recognise your sister's marriage (I.e. She is not married to him)

3. Divorce in Canada is not difficult, administratively. Of course, emotionally/financially/practically it can be so.

4. The law varies from province to province. And depends on many things: example: who owns/owned what at the time of the marriage, length of the marriage, etc. 50% of property/assets is NOT an automatic settlement. In general, the courts prefer that divorcing couples come to a mutually acceptable agreement (sometimes this has to involve lawyers & mediators). If this is not possible, then the process can get long, complicated and expensive. As a new member here, I'm not allowed to post a link, but if you google "divorce in Ontario", there are lots of useful links - choose the ones with government addresses rather than law offices first .

5. With the utmost respect, I am sure that the ex-wife *is* a nice person; BUT you/your sister/your family should NOT be talking to her to resolve this situation. (Side question: Is she living in India or Canada at the moment?). It is entirely up to her & husband to resolve this. No one else can do anything.

I realise that there are cultural differences in this case, and that they are very difficult to navigate. Bottom line: if one of the divorcing spouses was not resident in India for one year befor obtaining India divorce, the original couple are not divorced & your sister is not married, as far as Canada is concerned.

I can provide more links on Ontario divorce, if necessary, but they would be relevant only to the divorcing parties, and not to your sister, other than helping her to understand this difficult situation.