Need some legal advice (46)

I spoke with a lawyer in Canada and was informed that under Ontario law, my separated spouse cannot make a claim to my property in the Netherlands. The reason given was that because we did not and do not reside here as huband and wife the property is not our matrimonial home.

If we live together as husband and wife for a period longer than 3 months, then we will be deemed as husband and wife and no longer separated and the property would then be considered our matrimonial home. I also found out that Legal separation affords all the rights of divorce, with the exception of the right to remarry. Apparently it is often used by couples who do not wish to divorce for religious reasons or who are unsure about whether or not they want to terminate a marriage.

Matrimonial property law in the Netherlands is based on the general community property law. Unless a marriage contract is drawn up which specifies otherwise, all the assets and debts of each partner acquired before or during the marriage belong to both partners once they marry. On termination of the marriage, the community property is divided equally.

For couples who were married outside the Netherlands or who have different nationalities, who were married after 1992, the marriage laws of the country in which they lived directly after marriage govern (Canada for me). For couples who move to the Netherlands, the Dutch system of general community property will apply automatically after ten years of living in the Netherlands.

Thanks again all for your advise.