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Will he need to petition for divorce in Canada?

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Anonymous Asked:

Dutch citizen wants to divorce his Canadian wife, they have been estranged and living apart 6 years. Can he get divorced in Holland or will he need to petition for divorce in Canada? What are the steps to obtain divorce and hopefully avoid spousal support.

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Stuart Zukerman
5 years ago

In order to apply for divorce in any Province of Canada, you or your spouse must have resided in the Province in which you file your claim for at least the one year preceding the commencement of the action. If neither of you meet the one year residency requirement then you should commence the Divorce in Holland not in Canada. In either case the steps involved would be to file and serve a Divorce proceeding and to follow the Rules of Court in the Province or County or Country in which you choose to proceed. It is my understanding that spousal support amounts are lower in Holland than they are in Canada. Here the spousal support will be calculated within a range from 1.5% to 2% times the annual difference in total income received by each party times the number of years of cohabitation up to a maximum of 50% of the annual income differential.

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