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Is this Divorce Legal in Canada? 

user
user
Posts: 130


Posted On: 5/5/2016
user
user
Posts: 130
Hello,

My husband had applied for a divorce in the Dominican Republic, this is where we got married in 2010.

I live in Ontario and he is in Alberta.

Is this divorce legal in Canada?

What is the process and step here in Canada once the divorce has been finalized in the Dominican Republic?

How long after can he remarry once all finalized, I know he has already asked someone to marry him in Alberta.

Thank you
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Moderator
Moderator
Moderator
Posts: 4063


Posted On: 5/9/2016
Moderator
Moderator
Moderator
Posts: 4063
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."



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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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pujpj
pujpj
Posts: 1


Posted On: 5/11/2016
pujpj
pujpj
Posts: 1
How soon after legalized would it be possible to remarry in Ontario? Is it one year?Moderator wrote:
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."



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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
link