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Dual Citizens with Separation & Divorce Questions
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WhyWhy Posts: 1
Posted On: 4/13/2015
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Hello All,
Me and wife are dual citizens from Canada and Pakistan. We married in Pakistan got everything attested and moved to Canada and got our citizenship living there together.
We then moved abroad and have been living outside (not in pk) for past 5 years. We have decided to separate amicably with joint custody of our daughter (8yrs) etc
She insist that we file for separation in Canada for a year and file for divorce. I insist we do in Pakistan since we got married there. We will file divorce or separation get everything attested and submit to Canada. Can this be done? Getting a divorce in Pak does not require a wait time for a year with separation so will this be accepted by Canada after proper attestations
What are the pros/cons of filing within Canada vs. Filing in Pakistan. We never married in Canada, we married in Pak.
Also we were not residents and living outside of Canada for the past 5 years
Can she force me to file in Canada even if I insist to file first in Pak
What are the other legal pit falls that may arise to filing within Canada vs. filing in Pk and sending docs to Canada.
I will support my child till 18 years of age without any issue.
Thank you
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Moderator Moderator Posts: 4142
Posted On: 4/15/2015
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Hello,
Thank you for sharing your situation and questions with us.
Unfortunately, we are not familiar with divorce proceedings in Pakistan and are therefore not in a position to advise on what is the best choice for you.
In terms of divorce outside Canada, you may find some helpful information in our Settlement.Org Will my foreign divorce be recognized in Canada? article.
You can also find some helpful information in this Marriage and Divorce publication from Family Law Education for Women website.
Here is an excerpt,
quote:
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"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."
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You may want to contact the Citizenship and Immigration Canada (CIC) Call Centredirectly 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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Julia
Settlement.Org Team
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