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Marriage validity

theoldsoul

Newbie
Feb 18, 2024
8
1
Hello friends, i hope you all are doing well .
I have a doubt in my case , please i need some suggestions.
I got ITA to apply for permanent residency.
Me and my wife both are listed in application.
We both were married before . I got my divorce decree in December 2018. My wife got an affidavit from her first marriage they are seprated and other party don’t have any problems if she remarries. We got married in May 2019 , but she got her decree in August 2019. We got our marriage registration done in June 2023.
Will cic accept our marriage as legal or could there be any problems.
 

armoured

VIP Member
Feb 1, 2015
15,464
7,876
We both were married before . I got my divorce decree in December 2018. My wife got an affidavit from her first marriage they are seprated and other party don’t have any problems if she remarries. We got married in May 2019 , but she got her decree in August 2019. We got our marriage registration done in June 2023.
Will cic accept our marriage as legal or could there be any problems.
Without knowing which jurisdiction each of these events happened in, it's impossible to say. Usually just being separated would mean NOT divorced, and your new marriage would be considered invalid. The only exception would be where this form of separation is considered same as divorced - I'm not aware of any but the world is a big place.

I would suggest you proceed from assumption that it was not legally valid at the time and your sposue will have to get divorced anew. If you wish, you can consult a lawyer - but I'd suggest a Canadian qualified lawyer.
 

theoldsoul

Newbie
Feb 18, 2024
8
1
Without knowing which jurisdiction each of these events happened in, it's impossible to say. Usually just being separated would mean NOT divorced, and your new marriage would be considered invalid. The only exception would be where this form of separation is considered same as divorced - I'm not aware of any but the world is a big place.

I would suggest you proceed from assumption that it was not legally valid at the time and your sposue will have to get divorced anew. If you wish, you can consult a lawyer - but I'd suggest a Canadian qualified lawyer.
 

theoldsoul

Newbie
Feb 18, 2024
8
1
Thia happened in india and we are still in india . The marriage registrar has registered our marriage and wven on passports we have wach others name as spouse
 

Kaibigan

Champion Member
Dec 27, 2020
1,031
395
I replied to you in another thread you started. I see now you have posed the same question more than once, in different threads. A bad idea.
 
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armoured

VIP Member
Feb 1, 2015
15,464
7,876
I replied to you in another thread you started. I see now you have posed the same question more than once, in different threads. A bad idea.
I also posted in your other thread. And blocked the direct message you sent, because it should be obvious you don't need to direct message AND ask publicly a question you can ask publicly. (And we know you can ask it publicly because you DID ask it publicly)

Next time I just block forever.