What to do after divorce

[Ivanm7331]

Unfortunately I am another victim of some sort of scam for visa.
Could you guys tell me, when I cancel the spousal application do I have to do anything else in Canada? I never updated my marriage status with CRA or anything yet.. so do I have to do anything?
In future, when I’m entering Another marriage would I need to do some divorce certificate or something if I’m getting married in Canada? Or technically nobody “knows” that I was married in first place and then I don’t have to do any divorce certificates or anything upon entering anotjer marriage?

thanks. Good luck to all.

 

[BCTechy]

Unfortunately I am another victim of some sort of scam for visa.
Could you guys tell me, when I cancel the spousal application do I have to do anything else in Canada? I never updated my marriage status with CRA or anything yet.. so do I have to do anything?
In future, when I’m entering Another marriage would I need to do some divorce certificate or something if I’m getting married in Canada? Or technically nobody “knows” that I was married in first place and then I don’t have to do any divorce certificates or anything upon entering anotjer marriage?

thanks. Good luck to all.

Where were you married?

 

[Ivanm7331]

Where were you married?

Russia

 

[scylla]

Unfortunately I am another victim of some sort of scam for visa.
Could you guys tell me, when I cancel the spousal application do I have to do anything else in Canada? I never updated my marriage status with CRA or anything yet.. so do I have to do anything?
In future, when I’m entering Another marriage would I need to do some divorce certificate or something if I’m getting married in Canada? Or technically nobody “knows” that I was married in first place and then I don’t have to do any divorce certificates or anything upon entering anotjer marriage?

thanks. Good luck to all.

Sorry for your experience.

You need to get divorced before you remarry. Otherwise your second marriage will not be valid (regardless of where the first one happened). Provinces do require you to provide a divorce certificate to get remarried. I personally would not hide this information. Only bad things can come out of that. Also keep in mind that IRCC knows you were married.

 

[scylla]

I agree in substantialibus with @scylla. Although not sure about all provinces requiring divorce certificate. Bit of a silly requirement to have, since just how, pray tell, does any province know if one has been married anywhere in the world at any time? The BC government website says nothing of such a requirement. See:

https://www2.gov.bc.ca/gov/content/life-events/marriage/marriage-licences

I lived in BC for quite a few years and practised law there (In SE Asia at this writing), and I never heard of any such requirement.

That said,I agree fully with scylla's observation as to marriage invalidity. Certainly in all of Canada, a marriage is not valid unless one has legal capacity to marry. A married person lacks capacity to marry again. True, in many cases, the fact of a previous, undissolved, marriage may never come to light. But that does not mean that a marriage purporting to have been solemnized while one was married to someone else is any more valid. It's not. It is also the case that, in many jurisdictions, going through a second marriage without dissolving the first amounts to the crime of bigamy. Not really something you want to mess with. Moreover, as scylla points out, your marriage is on record with the IRCC. In such case, you'd be nuts to seek to sweep it under the rug.

Not sure of your province, but you can likely get an uncontested "desk order" divorce quite easily.

Yeah - good point about the provinces. I'm familiar with Ontario where the divorce certificate is required but sounds like it's different for others.

 

[Ivanm7331]

I agree in substantialibus with @scylla. Although not sure about all provinces requiring divorce certificate. Bit of a silly requirement to have, since just how, pray tell, does any province know if one has been married anywhere in the world at any time? The BC government website says nothing of such a requirement. See:

https://www2.gov.bc.ca/gov/content/life-events/marriage/marriage-licences

I lived in BC for quite a few years and practised law there (In SE Asia at this writing), and I never heard of any such requirement.

That said,I agree fully with scylla's observation as to marriage invalidity. Certainly in all of Canada, a marriage is not valid unless one has legal capacity to marry. A married person lacks capacity to marry again. True, in many cases, the fact of a previous, undissolved, marriage may never come to light. But that does not mean that a marriage purporting to have been solemnized while one was married to someone else is any more valid. It's not. It is also the case that, in many jurisdictions, going through a second marriage without dissolving the first amounts to the crime of bigamy. Not really something you want to mess with. Moreover, as scylla points out, your marriage is on record with the IRCC. In such case, you'd be nuts to seek to sweep it under the rug.

Not sure of your province, but you can likely get an uncontested "desk order" divorce quite easily.

Thanks for reply.
Unfortunately the divorce will be settled online using Russian website. So I’m not even sure if I can get a certificate as well.
Do you know how long spousal cancellation takes place?

 

[armoured]

Thanks for reply.
Unfortunately the divorce will be settled online using Russian website. So I’m not even sure if I can get a certificate as well.
Do you know how long spousal cancellation takes place?

I don't know about the website divorce approach that you're referring to, but note that if you get divorced in Russia (probably easier and cheaper), IRCC will require that the 'original' of the divorce decree be provided (with a translation).

Note: 'original' here actually means an extract issued by the ZAGS (civil registry) - it can be the actual first one issued or one marked 'duplicate' in Russian (they're all considered original) - basically the ones printed on the fancy paper.

I don't think there will be any way to avoid having the physical document sent to you in Canada (eventually). Once you get that done with translation though that'll basically be all you'd need in Canada (as far as I'm aware).

If online divorce can't get you that certificate - I'd say there's something dodgy about it.

 

[armoured]

That said,I agree fully with scylla's observation as to marriage invalidity. Certainly in all of Canada, a marriage is not valid unless one has legal capacity to marry. A married person lacks capacity to marry again. True, in many cases, the fact of a previous, undissolved, marriage may never come to light.

I'd note: at least in Ontario, and I'm pretty sure would be the case in BC etc as well, you are ALSO required to sign a form which you swear to be true - and I believe they will all require you to attest that you have never been married OR are divorced.

So you'd have to swear a false oath, effectively, to get the marriage license.

Now, one can of course argue about the chances of getting caught and what/how bad punishnment might be.

But if you have to start with a false oath, chances are it's not the right approach.

 

[armoured]

... if you get divorced in Russia (probably easier and cheaper)

I should note, this comment really only applies to cases where both residing there and divorce uncontested, so can't be taken to mean will be easier/cheaper in some other cases.

 

[armoured]

I'll also say that, BC licences may be issued by a variety of businesses, including insurance offices. I doubt that most of the issuers are clothed with authority to administer oaths.

Okay, that is quite different than I've heard of elsewhere....

 

[armoured]

Well, ya' know, BC has always been a bit "different", right? Maybe the long-term effect of too much "BC Bud". We play fast and loose. Here (well, I'm elsewhere at present), even if one takes an oath, it's no more than a commitment to an airy trifling with the truth

Actually, honest question - wouldn't something to this effect be part of the actual marriage (signing or stating that one is not married), if not covered in the license?

 

[armoured]

Fair question indeed. I do seem to recall the licence requires a short application form to be filled out by one of the intended parties to the marriage and I think it requires one to check boxes as to marital status of both parties, with "single, divorced, widowed" being the only choices. So, to some extent, applying for licence requires a representation about marital status. Not the same as an oath and probably of little value where one party answers for both, since that one party can later say "Well, I thought he was single."

Yes, although what I meant was whether at the actual marriage, as part of forms prepared / executed in front of the officiant/witnesses, each of the participants has to sign anything to the same effect (assuming that statute doesn't dictate what verbal vows must be recited). Ontario one does sign forms (with the witnesses) but I surely don't recall what they say.

 

[BCTechy]

Thanks for reply.
Unfortunately the divorce will be settled online using Russian website. So I’m not even sure if I can get a certificate as well.
Do you know how long spousal cancellation takes place?

In Russia you have two options, one is the certificate of divorce, and the other is a copy of the court decision. There are companies in Russia that can do this on your behalf and send you a PDF of the document. Then you would have it translated to english for use in a Canadian jurisdiction.

 

[Flyingfast]

Thanks for reply.
Unfortunately the divorce will be settled online using Russian website. So I’m not even sure if I can get a certificate as well.
Do you know how long spousal cancellation takes place?

You can get divorced in Canada. It might be easier.

 

[Ivanm7331]

Thanks for help everyone.

Guys but the problem is that I never updated my marriage status in Canada.. My taxes last year was "single". Plus, the sponsor application was never approved or denied.. So effectively how do they know I was married? Or if it was legit?