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Are previously married spouse from the Philippines allowed to marry in Canada?

J

Jazmine88

Newbie
Feb 28, 2018
6
0
Hi,
I am an international graduating student now in Canada. Currently, I am in a relationship with co-associate from my job back in the Philippines. We are both adults. He is of Hongkong nationality and naturalized Canadian, not married while I was previously married with 1 kid who stays with us. I have been separated for 12 years but no annulment case filed in court since I can not locate him.

We have lived together for 1yr 5 months but was in a relationship since May 2015. We both are interested to get married, but will I be qualified if I am previously married in the Philippines? We both want to have a child and a simple family but with our scenario, what is the best legal advice you can provide us.

Thanks.
Jazmine
 
The short answer is no. You cannot get married again without first getting divorce from your first spouse or an annulment. Canada will not recognize your second married if you get married again without a divorce/annulment first.

However since it sounds like you have lived together continuously for more than a year - this makes you common law which would mean your partner would be able to sponsor you for PR through the common law stream.
 
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Jazmine88 said:
Hi,
I am an international graduating student now in Canada. Currently, I am in a relationship with co-associate from my job back in the Philippines. We are both adults. He is of Hongkong nationality and naturalized Canadian, not married while I was previously married with 1 kid who stays with us. I have been separated for 12 years but no annulment case filed in court since I can not locate him.

We have lived together for 1yr 5 months but was in a relationship since May 2015. We both are interested to get married, but will I be qualified if I am previously married in the Philippines? We both want to have a child and a simple family but with our scenario, what is the best legal advice you can provide us.

Thanks.
Jazmine
Click to expand...

You can file for divorce here in Canada. It would be legally recognized everywhere except the Philippines.
 
Hi,
Can I file a divorce here in Canada considering I am not a Canadian nor a Permanent Residence? Do you have a link that I can check on? Thanks.
 
Hi,
Thanks for the 'google' advice however, as I check different sites - they seem to contradict each other and create more confusion to me. Government rule are general, specifics are not well defined. Do you have any other suggestion aside from lawyers? (quite costly, friend). Thanks again.:-)
 
Jazmine88 said:
Hi,
Thanks for the 'google' advice however, as I check different sites - they seem to contradict each other and create more confusion to me. Government rule are general, specifics are not well defined. Do you have any other suggestion aside from lawyers? (quite costly, friend). Thanks again.:)
Click to expand...

Google "residency requirement Canada divorce". First result is the Canadian Department of Justice website and the rule is about as specific as it gets.
 
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