Married in the foreign country, divorce in the foreign country?

[LCS]

Marriage took place outside Canada, the spouse was sponsored and PR given for Canada, now resides in Canada. Can a divorce be initiated and granted in the country of the marriage not Canada?
thanks

 

[rjessome]

Marriage took place outside Canada, the spouse was sponsored and PR given for Canada, now resides in Canada. Can a divorce be initiated and granted in the country of the marriage not Canada?
thanks

Depends on the laws of that country. Many countries require residency of at least one of the parties to allow divorce in that country.

 

[Baloo]

As an example, in England and Wales:

You can obtain a divorce through the English and Welsh courts if one or even both of you do not currently live in England and Wales, and you do not have to return to the country to do so.
You do not have to be English or Welsh to qualify for a divorce through the courts in those countries.
You do not have to hold an English and Welsh marriage certificate, as long as the certificate you do have can be accompanied by a certified translation into English.

 

[PMM]

Hi

As an example, in England and Wales:

You can obtain a divorce through the English and Welsh courts if one or even both of you do not currently live in England and Wales, and you do not have to return to the country to do so.
You do not have to be English or Welsh to qualify for a divorce through the courts in those countries.
You do not have to hold an English and Welsh marriage certificate, as long as the certificate you do have can be accompanied by a certified translation into English.

Except the divorce in the above wouldn't be valid in Canada.

"A foreign divorce is without effect if it was obtained by fraud or by denial of natural justice.
The federal Divorce Act of 1985 governs the recognition of foreign divorces. It specifically provides for the recognition of foreign divorces where the divorce was granted after February 13,
1986. These divorces are valid in Canada if either spouse was ordinarily resident in the foreign jurisdiction for one year immediately preceding the application for the divorce.
The Divorce Act also preserves common-law rules respecting recognition of foreign divorces. For example, Canadian courts may recognize foreign divorces when:
• they are issued from a court in a country where neither spouse was ordinarily resident, but where the decree is recognized by the law of that country (other than Canada) where one or
both were ordinarily resident at the time of the divorce. For example, a party living in California obtains a divorce in Nevada. If California recognizes the Nevada divorce, it is valid
in Canada."

PMM

 

[Baloo]

Except the divorce in the above wouldn't be valid in Canada.

"A foreign divorce is without effect if it was obtained by fraud or by denial of natural justice.

I take that as given - illegal = not valid in my book.

The federal Divorce Act of 1985 governs the recognition of foreign divorces. It specifically provides for the recognition of foreign divorces where the divorce was granted after February 13,
1986.

What happens if a divorce took place before February 13, 1986?

These divorces are valid in Canada if either spouse was ordinarily resident in the foreign jurisdiction for one year immediately preceding the application for the divorce.

So this is why the case I describe would be illegal in Canada.

The Divorce Act also preserves common-law rules respecting recognition of foreign divorces. For example, Canadian courts may recognize foreign divorces when:
• they are issued from a court in a country where neither spouse was ordinarily resident, but where the decree is recognized by the law of that country (other than Canada) where one or
both were ordinarily resident at the time of the divorce. For example, a party living in California obtains a divorce in Nevada. If California recognizes the Nevada divorce, it is valid
in Canada."

PMM

So if the parties (to be divorced) were in the USA and France, and the USA or France recognized the UK divorce...
then Canada would recognize the Divorce?