Getting a divorce while you are a permanent resident.

[d672]

A friend of my wife's came to Canada 3 years ago with her husband as permanent residents. A year ago they separated and recently he went back to Ukraine (without her knowing) and got a divorce. She just found this out and another friend of her's said she didn't think that their divorce would be recognized in Canada since they were permanent residents here. Personally I would guess that the Canadian Embassy in Ukraine would have to be notified about the divorce and have the document notarized just like when I married my Ukrainian wife and we had to do that.
Does anyone know what the right story is about this divorce?

 

[zardoz]

I think only a Canadian divorce lawyer could answer this. If she was divorced without her knowledge, it may well not be accepted by Canada as it doesn't comply with the local legislation.

 

[Leon]

First thing she needs to do is update her status with CRA to divorced by writing them a letter and sending a copy of her translated divorce papers. Next time she applies for anything from immigration like to renew her PR card or citizenship, she would update her status on there too. If she wants to get married again, she would also show her divorce papers.

There should be no problem unless somebody tells her that her papers are no good. In that case, she will have to take whatever steps they suggest. I don't think she should spend money on seeing a lawyer now. Start by getting the papers translated and then send them to CRA and see what happens.

 

[zardoz]

If I was her, I might be a little more concerned that I have been ripped off with regards assets during the divorce (lack of) settlement. Hence my thoughts on a legal opinion.

 

[Leon]

If the husband left and divorced her without her knowledge, it kind of sounds like he's left her with all the assets though. If that isn't the case, yes, she could try for a legal opinion but if they are already divorced in the Ukraine, I do not think she can file for divorce again in Canada.