+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

spaceraceone

Star Member
Oct 6, 2011
154
1
The question - have you preiously been married, divorced, etc etc

My spouse has previously been married and divorced:

We have a divorce document, but do we need to get a copy of his previous marriage certificate?

Gracias
 
Probably not. Certainly in the UK, you have to permanently surrender your previous marriage certificate at the time the divorce is finalised. Therefore, you would never have it available once you have the divorce document.
 
zardoz said:
Probably not. Certainly in the UK, you have to permanently surrender your previous marriage certificate at the time the divorce is finalised. Therefore, you would never have it available once you have the divorce document.

Sounds about right - I forgot about that - merci
 
You do not have to surrender a marriage certificate on divorce in the UK unless things have changed radically since my retirement as a practising lawyer. To whom is it suggested the marriage certificate has to be surrendered? Since the certificate is only a copy of the register a surrender would achieve nothing anyway because you can get another copy. Zandoz is so far as I am aware wrong.
 
I will amend my original statement to the following;

"You have to submit either the original marriage certificate or an official certified copy of your marriage certificate from the office of the Registrar of Births, Deaths and Marriages for the district in which you were married with the original application. This is NOT returned to you by the Court when the divorce is finalized."
 
What Zardoz writes in his amended statement is ambiguous and at the risk of being boring someone needs to set the record straight. He appears to confuse petitions for divorce with applications for the right of permanent residence in Canada. (1) Divorce. When you get married in the UK the new spouses and their witnesses sign a register, which is a ledger (a large book) kept by the Registrar. The spouses get a copy of the entries in that register, signed by the Registrar. That is called a marriage certificate. You can get additional copies of the register (ie further marriage certificates) by applying to the Registrar. True enough you have to lodge an original (as distinct from a photocopy) of such a certificate in the County Court office if you are the petitioner for divorce and that remains in the Court file. You do not get that back but that does not prevent you getting another certificate. You could probably get a photocopy of the certificate from the Court office, though you would have to pay through the nose for it! (2) Applications for immigration. You do not have to send an original marriage certificate to Canadian Immigration: see the blurb at the top of the Document Checklist - Immigrant ' Send originals of the immigration forms (items 1 to 5 below) and police certificates. Send photcopies of all other documents, unless instructed otherwise'. If there is such an instruction relating to marriage certificates I must have missed it! What spaceraceone was asking was whether he/she needed to submit with the application to Canadian Immigration both a copy of the divorce decree absolute and a copy of the marriage certificate. The answer, like Zardoz's answer, is probably no, but not because the marriage certificate is in the court file but because the decree absolute of divorce is by law proof to the world at large that there was once a marriage which has now been dissolved. A photocopy of the decree absolute of divorce should therefore suffice to satisfy the requirements of Canadian Immigration without enclosing with the application a photocopy of the marriage certificate as well.