How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Peter Collins Your Own Question
Peter Collins
Peter Collins,
Category: Canada Law
Satisfied Customers: 6852
Experience:  Barrister at Self Employed
101823876
Type Your Canada Law Question Here...
Peter Collins is online now

Looking for advice on divorce. I am living in the UK and

This answer was rated:

Looking for advice on divorce. I am living in the UK and separated from my Canadian wife, who lives in the family home in Victoria, BC. We were married in 2002 in West Vancouver.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, not yet. I met with a family lawyer in Victoria last year but haven't taken steps since then. I have been trying to engage my wife to negotiate an agreement, but this has stalled recently.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: In the UK? I live in Oxfordshire.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have two children who have just started university in Canada (twins, 18 yrs old). We jointly own the house in Victoria though it's my name on the title.

Hello, my name is*****'m a barrister and I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Are you now habitually resident in the UK?

Customer: replied 5 days ago.
I live in Oxford
Customer: replied 5 days ago.
I have spoken to a family law barrister here already. I am seeking advice relating to how I proceed and whether I should file an application to the Family Court in British Columbia

I understand. My view is that you should feel the application in the UK, this is where you are resident.

It will be difficult to take any kind of control over proceedings that take place in Canada. Is this the advice you have had so far or are you looking to file in Canada rather than the UK?

Customer: replied 5 days ago.
The advice so far has been to file in Canada, though that was from a family lawyer in British Columbia. It did feel as though that route would present difficulties and so I have tried to negotiate directly with my wife to reach a formal agreement, which has not really progressed.

I understand. As you are resident in the UK you can consider filing in the UK.

Your wife can attend any hearing by video link or telephone, if required.

It may be simpler from the perspective that you can instruct someone locally to deal with it for you.

As your children are both 18, it would be a case of considering both your position and that of your wife in order to fairly divide any assets, including the family home.

The court in the UK can order that property abroad is sold if need be.

I hope that this assists?

Peter Collins and other Canada Law Specialists are ready to help you