Friday, August 20, 2010

Cheating Husband! How to deal with divorce?

My sister in law was married 5 years ago to a Lebanese man who live in Lebanon until a year ago when he finally moved here (Canada). As soon as he got his landed immigrant status, he began cheating, and she is now considering divorce. The trouble is, she has part ownership in a business that he is unaware of (1/6 ownership), the house and all of their belongings are in her name, and shes not sure if hes entitled to anything due to their situation. He is currently unaware of most of these things and the fact she is looking at divorce. Is it possible to move all of these things into her fathers name without him getting his grimy hands on them? Is he entitled to anything at all due to the nature of their marriage? Please Help!!Cheating Husband! How to deal with divorce?
If it's property that she acquired after their marriage (which, I assume the house in Canada is, at least), then I'm pretty sure our (Canadian, that is) laws entitle him to half. Even if she disposes of the property (by putting it into her father's name), that doesn't necessarily accomplish what she's hoping to accomplish -- aside from being unethical, I'm pretty sure that there's something about property being dispersed within the previous year is still partially owned by both partners -- I'm not a lawyer, however, so don't take my word for it.





The problem is that it's quite satisfying, morally, to say that he's a cheater, and doesn't ';deserve'; half of their marital property. That might even be true. The law, however, doesn't really care that he's not the ideal spouse. I have a friend who is in the early stages of a divorce negotiation now, and it's really challenging to have to follow those objective rules of property division when the reality is so much more emotionally-laden and complex.





The really frustrating part is that if _everything_ is in her name, and that includes debt, it's possible for her to get saddled with all the debt while having to share the assets. Again, she needs legal advice. What she really needed was a prenup, I guess, but there's not much that can be done about that. At the very least, someone should check about whether things can be sold prior to divorce while removing them from consideration in the division of property. The problem is that her intention would clearly be to re-acquire those assets post-divorce, so... a court would see that as an attempt to circumvent the law, which it would be (morally satisfying, or not).





Please tell her to get good legal advice before making any decisions, or disposing of her assets!!





Good luck to her, and to your family.Cheating Husband! How to deal with divorce?
For one if he married her to obtain citizenship he is busted.Also she would have to divulge that information in her divorce but it does not mean he will get any of it.I would consult immigration to let them know the marriage was not ever legally consummated due to him living in a foreign country so they were not living as husband and wife.If she obtained the business before marriage he is not entitled to anything having to do with the business because the law states you are allowed to retain everything you came in to the marriage with.
You should go see a lawyer asap, I think she should be able to move all the things to her fathers name if her husbands name is not on any of them. And I think she can also have his landed immigrant status taken away if she sponsored him.
She's GOT to talk to a lawyer. They will give her all the advice she needs in order to save her finances, etc. that's the first step and one that's necessary in this situation.
Tell her to get a good lawyer. Don't you think that would be the best person to answer this question?
he would be entitle to it unless there is a prenup.


contact an attorney for the best legal advice

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