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Divorce Outside of Canada
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hamdirahman Posts: 1
Posted On: 1/27/2015
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Pls advice me on the following
We get married in 2010 in back home and we was living UK. I was the principal applicant and we became immigrant 2012.
We came Canada together to complete the landing formalities , stay about 2 weeks and go back to UK for packing to come permanently in Canada.
3 days before coming Canada she disappeared with my life saving ( as I withdraw from bank to convert $ canadian ) and valuables.
I was devastated and go back to my home country.
I came Canada after 2 months. It's about 2 years now.
I still don't know where is she as her family also saying she called them but they don't know the location. ( best possible is lie ) . I assume she may be in Ontario but it's an assumption .
Now I want to divorce her as I have to start a new life.
Someone advice me, as marriage happened in back home and I don't know her location I can give her divorce in back home and notify canada immigration as I don't know where is she now or if I can't go back home then give power of attorney to someone on behalf of me who can complete the formalities.
I am not sure if I follow the above procedure will that be right or not.
I am concerned if I get married in back home and when I will apply to bring my future wife in canada will that be any problem??
Any advice I will appreciate .
Kindest regards
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Moderator Moderator Posts: 4075
Posted On: 1/29/2015
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Hello,
Thank you for sharing your situation and questions with us.
We are sorry to hear that you have experienced this.
In terms of divorce outside Canada, you may find some helpful information in our Settlement.Org Will my foreign divorce be recognized in Canada?. Here is an excerpt:
"If you were divorced outside Canada, you need to prove that your divorce was legal in that country before you can get re-married in Canada.
If you got a divorce outside of Canada, you must get authorization from the Ministry of Government Services before you can get a marriage licence in Ontario."
You can also find some helpful information in this Marriage and Divorce publication from Family Law Education for Women website.
Here is an excerpt,
"Are divorces from other countries legal in Canada?
Ontario accepts that divorces from other countries are legal if you or your spouse lived in that country for at least one year before you applied for a divorce. If neither of you lived in the country for a year, your divorce may still be legal if the person who applied can prove that they have a “real and substantial connection” with that place. For example, if you were originally from the country that granted the divorce and had returned there when your relationship ended, the court could say that you had a “real and substantial connection” to that country."
In terms of getting a Divorce in Canada, you can find some helpful information in our Settlement.Org How can I get a divorce in Ontario? article.
Here is an excerpt,
The law about divorce in Ontario is the same as everywhere else in Canada. You do not have to be a Canadian citizen to apply for a divorce, but there are certain criteria you must meet.
Eligibility Criteria
If you want an Ontario court to officially end your marriage, you can apply for a divorce if you meet these 3 eligibility criteria:
*You were legally married in Canada or in any other country.
*You intend to separate permanently from your spouse or have left your spouse already, and you do not believe there is a possibility you will get back together.
*You and/or your spouse have lived in Ontario for at least the 12 months preceding your application.
You may want to contact the nearest Family Law Information Centre (FLIC) for some assistance.
Family Law Information Centre (FLIC) can give you legal information on family law. Some FLICs have advice lawyers.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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