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Divorce in India - Is it Valid in Ontario?
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Dumdum Posts: 1
Posted On: 2/17/2015
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Hi folks,
Need some advice on few queries....
I am a Canadian Immigrant who got married in India (Before becoming a Canadian Immigrant) and got my divorce papers handed to me by my x-spouse in India (After we became Canadian Immigrants).
1. Do i need to get divorce certificate from Ontario courts even though when my x-spouse applied for the divorce in India we both received the certificate of Divorce from the State in India.
2. My x-spouse relinquished all of the rights in all the assets which we both had like bank accounts, credit cards, RRSPs and the house is solely mine and signed an affidavit in that effect.
3. Now if i plan to get married in some other country other than mine (excluding India, Canada or USA) will my Indian Divorce Certificate be sufficient to sponsor my new spouse. Will i need more paperwork?
Please help, this is getting crazy day by day.
And Yes, did i tell you that my spouse refuses to come back to Canada now that the PR cards have been mailed to both of us and doesn't wanna live in Canada or do anything with it.
Could you also please some lawyers if lawyers are recommended?
Regards
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Moderator Moderator Posts: 4142
Posted On: 2/25/2015
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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."
Regarding your third question, you can find some information in some of these previous Settlement.Org Divorce and Re-marriage discussion thread.
We suggest that you may want to contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some suggestions and information regarding your situation.
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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desisuperman Posts: 1
Posted On: 4/6/2019
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Hi,
My situation is also divorce related.
The individual i was married with resides in Canada since 2011. I live in Pakistan. For some reasons this relationship didn't work and we got separated in 2014. After separation i applied for divorce in my country because i was never visited Canada and don't know what documentation he submitted regarding our marriage in Canadian immigration.
As per Pakistan's Family Act. my country released me the divorce certificated after 3 months without receiving reply from my Ex.
Now he sent me some divorce papers (with joint divorce form) filed in Canada?
I already has my country's divorce papers.
Do i really need to reply those papers?
Is there any effect on my documentation if i apply for visa in Canada in future?
Is there any possibility of malpractice by that individual ?
Do i have any rights i should claim here?
Kindly answer my queries. Thanks.
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