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Divorce process for outside Canada
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Helpful Posts: 1
Posted On: 7/31/2015
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Hello,
My cousin is planning to marry a man (Peter S.) who came to Canada under refugee status. While here, he married a woman but things did not work out. He did not get his PR and was deported back to Europe 4 years ago this November coming.
His estranged wife said that she was filing for divorce.
With my assistance, he recently contacted the divorce courts in Ottawa for information on his divorce papers, only to find out that his "wife" never filed for separation or divorce.
She is currently living with another man in Toronto and they have a child together.
Peter S. would like to obtain a divorce so he can marry my cousin but they live in Europe and he can not come back to Canada because he was deported.
How do they proceed?
What forms does he need to obtain?
Does he need to contact the Canadian Consulate?
How does he get a Canadian lawyer who speaks his language?
Is a simple form 8A enough or does he need something else?
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Moderator Moderator Posts: 4075
Posted On: 8/4/2015
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Hello,
Thank you for sharing this situation and these questions with us.
You mentioned that his "wife" said that she was filing for divorce but never ended up doing that.
You can find some information on the requirements on the Department of Justice website in the How to Apply for a Divorce section. Here is an excerpt,
Here are some excerpts from their website,
You need to apply to a court for a divorce.
As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:
-You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
-Your marriage has broken down.
-You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application. (See the exception to this rule for certain non-residents who married in Canada)
and
Exception to Residency Requirements
As a general rule, only Canadian residents can divorce in Canada. If neither you nor your spouse lives in Canada, you cannot get a divorce under Canada's Divorce Act. But you may be able to end your marriage under the Civil Marriage Act if you meet BOTH of the following criteria:
-You married in Canada; and
-You cannot undo your marriage in the country where you or your spouse lives because that country does not recognize your Canadian marriage.
To undo your marriage under the Civil Marriage Act, you would need to apply to a Superior Court in the province or territory where you married. A lawyer in that province or territory may be able to advise you on what you need to do. You may also be able to get information from a Superior Court or from the Department of Justice or Attorney General in the applicable province.
A process under the Civil Marriages Act only ends the marriage. You would need to resolve other issues such as child support and spousal support under the laws of the country where you live.
You may also want to contact the nearest Family Law Information Centre (FLIC) on their behalf for some additional information. FLIC services are available in family courts across Ontario. They provide information about separation and divorce and related family law issues.
Information and Referral Coordinators (IRCs) are available at designated times to provide information and to make referrals to appropriate services.
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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