Need help for marital status clarification for my husband in Canada

[annieann13]

Hello,

My husband is a Canadian citizenship. We got married in Thailand for years but have been living abroad in different countries until we landed in Canada today. I understand that to marry a foreign woman and perform marriage abroad is also legally recognized as well as Canada, but in reality regarding to Canadian laws, it is not quite legally recognized when it comes to beneficiaries/rights/estates/pensions, etc. (His status is still valid as "single status", not "marital status after having been married till now".

To avoid any beneficiaries/rights conflicts with his parents/relatives in the future, as we are having baby here, we discussed that if anything happens with him, we agree to have all his beneficiaries (estates,funds,pensions,etc) go to our kids and me. Due to his dangerous job and being far away from home very often, he's afraid of having his parents/relatives involved in this if he deceases in the future. He doesn't want to pay the lawyer for the wills and he wants me to have complete rights to possess all his heritage for me and for kids.

After we also contacted Ontario service/Newfoundland Government, we were refused to get help from this. They said "Even though marriage outside Canada is legally recognized but nothing to do or change his single status to marital status because he married outside Canada". We did some more research and found out that "In reality when it comes to decease of Canadians, it did not matter to CRA as CRA is for tax purpose only, but to have legal status recorded of Canadians either they are single or married. these will be under Canadian family laws when Canadians are deceased. If Canadians are married inside Canada, that will go to wife/kids directly without his parties involved in when the marital status is legally valid under Canadian family laws. If not, that will not reach to wife/kids if Canadians got married with foreign wife outside Canada when Canadian's parents/relatives try to involve in this".

Relating to a lawyer (if occurred) as my husband has been still holding single status in Canada because he's married outside Canada, we know that there is nothing to do or being successive/having heritage from him if the Canadian do not change single status to marital status in Canada when marrying with foreign wife outside Canada. (many beneficiaries like gov/company pension, estates, he put his parents's names since he was single).Being said that, it will be invalid if that happens to him/us. Thus, we would like to know if anyone got married outside Canada and is able to contact "Vital Statistical Office" by providing and giving a copy of translated and certified marriage certificate for their legal status record changed from single to marital for Canadians? Are there anyways to do/change it legally regarding to Canadian laws/Canadian Family Laws?

I highly appreciate your help

 

[steaky]

I am in the same boat. Thank you for bringing up this matter.

 

[annieann13]

I've been still waiting for some replies. Anyone can help?

 

[steaky]

Are you in Canada right now? Perhaps, you can try to call their toll-free telephone numbers according to this website: http://www.ontario.ca/en/residents/119275.html. Good luck!

 

[annieann13]

Thanks, steaky. Already called them but those were their replies.

 

[steaky]

For information to everyone, BC is the same. I think I will pay for a Will to avoid such situation as it is highly recommend by my lawyer.

 

[annieann13]

Steaky, it's totally true, and we will be paying the lawyer to make a will when we have our own house

 

[toby]

For information to everyone, BC is the same. I think I will pay for a Will to avoid such situation as it is highly recommend by my lawyer.

No need for a lawyer to draft a simple Will; just do it yourself, with perhaps a book to help you. Type it into your computer, print out, and sign in front of two witnesses.

However, while this Will will pass your assets to your family in case of your death, are you still considered "single" by the Canadian government? Does that mean your spouse would not get your CPP and OAS payments, or your company pension payments? That would be regretable, and somethgn to check into.

 

[curt0227]

looking at this problem, myself and my wife are married, we have applied for pr as im canadian, we were married in england, so where do we stand?
in uk if you are married outside the country you are classed as married and everything is normal inside.
if this is correct is there a way to change it so canada recognise us as being married in canada also? or will we have to get married (renew vows etc) there as well?

 

[steaky]

Would petition help to convince the Conservative government to change this?

 

[annieann13]

looking at this problem, myself and my wife are married, we have applied for pr as im canadian, we were married in england, so where do we stand?
in uk if you are married outside the country you are classed as married and everything is normal inside.
if this is correct is there a way to change it so canada recognise us as being married in canada also? or will we have to get married (renew vows etc) there as well?

Hello,

I think your case is similar to mine as you guys got married in UK. As you are being Canadian, you should contact CRA to change your single status to marriage status, CRA will ask your legal marriage certificate from UK certified by either Canadian embassy or UK embassy (if your wife is British). That is the proof that Canadian government knows you are married and your foreign marriage is recognized in Canada.

You don't have to remarry because most international laws will accept the first legal marriage registration/paper. You have to make sure that the marriage paper was certified either Canadian embassy or UK embassy then that paper will be legally valid in Canada as well as all benefits here.

In case of something happened in the future (death, divorce, etc), it is better to have all the papers certified (mostly with Ministry of Foreign Affairs if available in UK or with the embassy where the papers came from), that will help you to have valid documents in your hands and you won't be rushed in the future if you may need to use in Canada.

 

[toby]

I just called Service Canada (dialed 0 to bypass the menu options and get a live person to speak to). I asked the man who answered the phone what a Canadian citizen had to do to ensure that his PR spouse received any CPP and OAS entitlements, if the Canadian were to pass out of this veil of tears.

He said "Wha?!", I clarified that I meant after the Canadian died, and he said that all the surviving spouse had to do was show that he/she was a true spouse, and be over 35 years of age. A translated Marriage Certificate would do the job, and there was no official action to be taken before the Canadian's death.


Meanwhile, surely a simple declaration of being married in one's tax return would be sufficient for CRA?! Has anyone heard of CRA not accepting the change of status without further proof? If so, what was that proof required?

 

[toby]

Hello,

I posted an answer separately, but wish to comment on some of your specific points. OK?

My husband is a Canadian citizenship. We got married in Thailand for years but have been living abroad in different countries until we landed in Canada today. I understand that to marry a foreign woman and perform marriage abroad is also legally recognized as well as Canada, but in reality regarding to Canadian laws, it is not quite legally recognized when it comes to beneficiaries/rights/estates/pensions, etc. (His status is still valid as "single status", not "marital status after having been married till now".

It would help if you gave us the source for this statement, so we may examine the details. On the face of it is it doesn't make sense to me that Canada recognizes a foreign marriage but treats the deceased as a single when it come time to apportion the Estate to beneficiaries. I suspect that you are citing the Law governing dying intestate, but don't want to guess. It's more efficient if you cite your source, and we can go from there.

To avoid any beneficiaries/rights conflicts with his parents/relatives in the future, as we are having baby here, we discussed that if anything happens with him, we agree to have all his beneficiaries (estates,funds,pensions,etc) go to our kids and me. Due to his dangerous job and being far away from home very often, he's afraid of having his parents/relatives involved in this if he deceases in the future. He doesn't want to pay the lawyer for the wills and he wants me to have complete rights to possess all his heritage for me and for kids.

I recommend that you (1) write a Will (have it witnessed by two people who would not be beneficiaries); (2) designate you as beneficiary on all insurance policies and any employment pension. This would eliminate any problems at the time of settling the Estate; (3) designate you as Trustee of his Estate (thus you make the decisions); and most importantly (4) discuss the Will with family, so there are no surprises.

After we also contacted Ontario service/Newfoundland Government, we were refused to get help from this. They said "Even though marriage outside Canada is legally recognized but nothing to do or change his single status to marital status because he married outside Canada".

This could mean that you need not do anything to get your foreign marriage officially recognized in Canada. I can't be sure without hearing the comments first-hand. But I did call the Ontario Service Canada people, and was told (see separate post) that all you'd have to do is prove that you are a spouse (show your foreign marriage certificate) to be entitled to any CPP and OAS pensions your husband had accumulated by the time if his death. And if you are the designated beneficiary on any employer pension and insurance policies, there is no question but that you will get the payments.


We did some more research and found out that "In reality when it comes to decease of Canadians, it did not matter to CRA as CRA is for tax purpose only, but to have legal status recorded of Canadians either they are single or married. these will be under Canadian family laws when Canadians are deceased. If Canadians are married inside Canada, that will go to wife/kids directly without his parties involved in when the marital status is legally valid under Canadian family laws. If not, that will not reach to wife/kids if Canadians got married with foreign wife outside Canada when Canadian's parents/relatives try to involve in this".

You put the text marked in bold italics (above) in quotes, but that cannot be an exact quote; it is not in normal legal language. Could you give us the exact wording so we may examine it in greater depth? Again, it sounds like the Law governing death without a Will, but I won't waste time guessing and getting it wrong. If it is the Law covering deaths without a Will, then you solve the problem by HAVING a Will. It is relatively easy to say in plain English that all one's assets and entitlements to pensions etc go to the spouse.



Relating to a lawyer (if occurred) as my husband has been still holding single status in Canada because he's married outside Canada, we know that there is nothing to do or being successive/having heritage from him if the Canadian do not change single status to marital status in Canada when marrying with foreign wife outside Canada. (many beneficiaries like gov/company pension, estates, he put his parents's names since he was single). Now change those designations to you. Easy! Being said that, it will be invalid if that happens to him/us. Thus, we would like to know if anyone got married outside Canada and is able to contact "Vital Statistical Office" by providing and giving a copy of translated and certified marriage certificate for their legal status record changed from single to marital for Canadians? Are there anyways to do/change it legally regarding to Canadian laws/Canadian Family Laws?

I don't think changing status at Statistics Canada is necessary. Just be prepared to show your marriage certificate at estate time. To be absolutely sure, spend $100 to consult a lawyer for 10 minutes.

I highly appreciate your help

 

[steaky]

I don't think changing status at Statistics Canada is necessary. Just be prepared to show your marriage certificate at estate time. To be absolutely sure, spend $100 to consult a lawyer for 10 minutes.

I already consulted my lawyer while close the purchase of my home in Vancouver. He said the same and a will is necessary.

 

[annieann13]

Thank you for your replies, Toby & Steaky