TamilKuravan
Typical divorce process in Canada depends on the situation and context of the divorce. For example, if it is mutual consent and both husband and wife agree not to claim any amount,they will indicate that on the court document and the judge simply ratifies the mutual agreement. Both husband and wife sign and everyone walks away. Note this is a Canadian divorce valid ONLY in North America and other countries (except India). Implication: If the husband or wife (now divorced by Canadian courts) travel to India for any matter (remarriage, property etc.), their civil status in India is MARRIED (as Indian courts do not recognize the foreign court divorce decree where the marriage was performed under Hindu law). Therefore, if such persons (wife or husband remarry, this remarriage is illegal as this is a second marriage without divorce from Indian courts.)
Therefore mutual consent agreed mutually by both husband and wife in Canada courts - the cost is only about $ 100 towards court filing fees.(depending on the location and province in Canada). No lawyer is even required as the forms are very simple to fill out and not complicated-where both husband and wife agree on the terms and payment to be made.
On the other hand, if the divorce is contested and the other party to the divorce is disputing or disagreeing to the divorce, then it becomes a long messy expensive battle. In this case, a lawyer definitely is needed to represent the party before the judge and same procedure like in Indian courts, with the usual legal tactics of delay,postponement of case, demand exhorbitant amount of money,interim maintenance to support wife or husband and/or children during the court case etc. And since the case is fought in Canada the amount is in Canadian dollars. What they do is usually determine a cost of living amount based on lifestyle enjoyed before divorce (so if there was a lavish lifestyle, the amount of living expense will naturally be high).FOr children cost of education upto university is sometimes considered. Educational background and capacity to earn is also given some consideration. Some financial support to help the woman qualify herself will definitely be given by the judge on compassionate ground(especially if the educated woman sacrificed her career to bring up children etc). This can all add up to a BIG amount.
Same is the case in Indian courts..I find that when we do a comparative between the 2 countries for contested divorce, it is cheaper in india than here(consider lawyer fees are based per hour here, plus travel time, etc. Also, sometimes leave has to be taken from office here to attend court in person.In India at least few timeslawyer can represent and somehow carry along.
Best is always mutual consent.Pay a decent lumpsum,get the divorce and be happy.
Sorry for the late reply.I don't often come to Canadian desi. Hope this helps.
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Sathish Subramanian
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Location: God's own country
Posted on: 14-10-13 03:07:26
Hi Sathish,
Thanks for the reply. It is of much use to my friend.
Looks like being separated and allowing your spouse to apply for divorce / maintenance of children is the best way forward.
Also I would suggest that one should document (hidden camera, voice mail) your spouse in a negative (real) light to strengthen your case.
Peace by Murali
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I am a Gents and not a Ladies.
Murali,
A word of caution. Nowadays courts do not take a tolerant view if either party uses tactics like secretly videotaping or recordings. The issue here would be consent and invasion of privacy of the other party. Since now the marriage is crumbling and on the verge of split, both parties have to be extremely careful and treat each other as if they were strangers before the marriage took place. So be careful. Emails are a better approach in recording view points. Of course, you may not always be able to fully capture the real person. Time and Truth will always come out in the end. A very clever and shrewd lawyer can assist, without having to resort to these tactics.
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Sathish Subramanian
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