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Posted

Hello All,

Me and wife are dual citizens from Canada and Pakistan. We married in Pakistan got everything attested and moved to Canada and got our citizenship living there together.

We then moved abroad and have been living outside (not in pk) for past 5 years. We have decided to separate amicably with joint custody of our daughter (8yrs) etc

She insist that we file for separation in Canada for a year and file for divorce. I insist we do in Pakistan since we got married there. We will file divorce or separation get everything attested and submit to Canada. Can this be done? Getting a divorce in Pak does not require a wait time for a year with separation so will this be accepted by Canada after proper attestations

What are the pros/cons of filing within Canada vs. Filing in Pakistan. We never married in Canada, we married in Pak.

Also we were not residents and living outside of Canada for the past 5 years

Can she force me to file in Canada even if I insist to file first in Pak

What are the other legal pit falls that may arise to filing within Canada vs. filing in Pk and sending docs to Canada.

I will support my child till 18 years of age without any issue.

Thank you

Posted

You're going to need an attorney in whatever your jurisdiction is right now. You can not get this type of complex legal advice free on the internet.

  • 2 weeks later...
Posted
On 4/14/2021 at 9:17 PM, jonnyshonny said:

Hello All,

Me and wife are dual citizens from Canada and Pakistan. We married in Pakistan got everything attested and moved to Canada and got our citizenship living there together.

We then moved abroad and have been living outside (not in pk) for past 5 years. We have decided to separate amicably with joint custody of our daughter (8yrs) etc

She insist that we file for separation in Canada for a year and file for divorce. I insist we do in Pakistan since we got married there. We will file divorce or separation get everything attested and submit to Canada. Can this be done? Getting a divorce in Pak does not require a wait time for a year with separation so will this be accepted by Canada after proper attestations

What are the pros/cons of filing within Canada vs. Filing in Pakistan. We never married in Canada, we married in Pak.

Also we were not residents and living outside of Canada for the past 5 years

Can she force me to file in Canada even if I insist to file first in Pak

What are the other legal pit falls that may arise to filing within Canada vs. filing in Pk and sending docs to Canada.

I will support my child till 18 years of age without any issue.

Thank you

I think you're trying to avoid a fair settlement for your soon to be ex wife, but that's just my perspective. it makes sense to file where you're living as you may need to attend court etc if there are any issues around property (or, indeed, your child)

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