Law Question need Answer !

[Dragon8]

Hi:Sorry Guy hope I am posting my question on the right Section ?
the Question is:
A guy Married from Other Country (Middle-East )
than he Came to Canada with his Wife and they have a little Two Kids ( 3 & 5 Years old)
anyhow :One day he returned home and he Found his Wife Cheating on him with Other
Guy So he decided to divorce her
I was Wondering what will happen to his little Two Kids ?
also Which law will take Affect (his Country law ,Or Canadian Law )
Finally :what will happen If he agreed to give his Wife Previous To marriage a 25000 $ USD and Some Land
Thanks for the Input
and hope my question was Clear .....

[Bogie]

Lots of questions ... a store-front lawyer might be able to answer these queries.

Questions to ask, though:
What is on paper?
Are they Canadian citizens?
How long here in Canada?
Kids born here or ... ?

[frostyone]

questions aren't clear. But in Canada, it's Canadian law that applies.
(Thank goodness.. None of this sharia nonsense)

" Came to Canada with his Wife"
So Canada recognized her as his wife.

"So he decided to divorce her "
Hopefully a legal divorce under Canadian law.

If the kids and wife are here in Canada, then Canadian law applies, Why wouldn't it ?

Interesting question, if he got divorced back in the old country under their laws divorce, would Canada recognize the divorce?
I would say not necessarily so.

[Bogie]

There are online resources that might be able to sort this out, or at least answer a few questions: http://www.divorcecanada.ca/

[frostyone]

We posted about the same time Bogie.
Sorry I missed your first post.

The main question is not really are they citizens, or where they were born, but are they residents of Canada.
Residents of Canada are both protected by Canadian law and are subject to it.
The foreign country's laws don't apply here.

"Canadian courts may recognize a divorce granted in a foreign court only if the petitioner is domiciled in the place where a court of competent jurisdiction grants the divorce, with the judgement of domicile subject to judicial determination."

In a way it's straightforward.
But can get tricky very very quickly.


Works in reverse too.
Canadian divorce may not be recognized in the third country.