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Registering a foreign marriage in Canada

Hcameron

Newbie
Nov 24, 2017
6
0
So you would have to get a divorce in the country overseas you were married in to remarry somebody else in Canada?
I'm in a relationship and my significant other was married in Dominican republic a while back. They came back and never filed the paperwork. I was told that it's not valid because of this, but I just want to make sure.....as we are planning our lives together.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,775
Marriages
Marriages legally performed in compliance with the laws of the Dominican Republic are recognized in Canada. Canadians wishing to marry in the Dominican Republic should verify with the Dominican authorities in Canada to ensure they have the following required documents for both parties prior to arriving in the Dominican Republic.

a) Proof of Identity: a valid Canadian passport, a birth certificate that includes the names of the parents, and the tourist card received upon entry into the country;

b) Statement of Single Status: you will also need to obtain a sworn affidavit attesting to your single status. This document must be submitted in the Spanish language and legally certified. This can be done prior to leaving Canada by visiting the Embassy or one of the Consulates of the Dominican Republic. You may also visit a notary public in Canada to make this declaration, then have the document translated into Spanish and legalized by the Embassy or Consulates of the Dominican Republic;

c) Divorce Papers: if you are divorced, you must also submit original copies of your divorce papers, along with a Spanish-language translation of the documents. The translation must be legalized by the Embassy or one of the consulates of the Dominican Republic in Canada. Please note that under Dominican law, women who have recently been divorced must wait a minimum of nine months after the finalization of their divorce before they can remarry. This regulation applies as well to Canadian women wishing to be married in the Dominican Republic;

d) Death Certificate: if you are widowed, you will need to present an original copy of the death certificate of your deceased spouse, translated into Spanish and legalized by the Embassy or consulates of the Dominican Republic; and

e) Change of Name: if you have legally changed your name, you must submit original documents to the Embassy or consulates of the Dominican Republic for legalization.

Prior to departure, all above documents must be translated into Spanish, legally certified by a professional, and legalized by the Embassy or one of the consulates of the Dominican Republic in Canada.

Guessing they didn't do this or get a marriage license in Canada.If that is the case they are common law and not married.
 

Hcameron

Newbie
Nov 24, 2017
6
0
Marriages
Marriages legally performed in compliance with the laws of the Dominican Republic are recognized in Canada. Canadians wishing to marry in the Dominican Republic should verify with the Dominican authorities in Canada to ensure they have the following required documents for both parties prior to arriving in the Dominican Republic.

a) Proof of Identity: a valid Canadian passport, a birth certificate that includes the names of the parents, and the tourist card received upon entry into the country;

b) Statement of Single Status: you will also need to obtain a sworn affidavit attesting to your single status. This document must be submitted in the Spanish language and legally certified. This can be done prior to leaving Canada by visiting the Embassy or one of the Consulates of the Dominican Republic. You may also visit a notary public in Canada to make this declaration, then have the document translated into Spanish and legalized by the Embassy or Consulates of the Dominican Republic;

c) Divorce Papers: if you are divorced, you must also submit original copies of your divorce papers, along with a Spanish-language translation of the documents. The translation must be legalized by the Embassy or one of the consulates of the Dominican Republic in Canada. Please note that under Dominican law, women who have recently been divorced must wait a minimum of nine months after the finalization of their divorce before they can remarry. This regulation applies as well to Canadian women wishing to be married in the Dominican Republic;

d) Death Certificate: if you are widowed, you will need to present an original copy of the death certificate of your deceased spouse, translated into Spanish and legalized by the Embassy or consulates of the Dominican Republic; and

e) Change of Name: if you have legally changed your name, you must submit original documents to the Embassy or consulates of the Dominican Republic for legalization.

Prior to departure, all above documents must be translated into Spanish, legally certified by a professional, and legalized by the Embassy or one of the consulates of the Dominican Republic in Canada.

Guessing they didn't do this or get a marriage license in Canada.If that is the case they are common law and not married.
Thank you!!
 

Femme38

Full Member
Dec 23, 2020
36
6
Wish there was a provision to acquire a civil marriage certificate in Canada with one's current spouse. Some of us can't afford to have religions showing on our marriage certificates because our home countries will victimise us for getting into interfaith unions and we may never be able to see our siblings. I don't want to live like a scared refugee when I'm a spouse.. sigh
 

armoured

VIP Member
Feb 1, 2015
15,549
7,914
Wish there was a provision to acquire a civil marriage certificate in Canada with one's current spouse. Some of us can't afford to have religions showing on our marriage certificates because our home countries will victimise us for getting into interfaith unions and we may never be able to see our siblings. I don't want to live like a scared refugee when I'm a spouse.. sigh
Are you getting married in Canada? I don't think marriage certificates in most provinces include religion.

And why would you need to show marriage certificate in your home country?
 

Femme38

Full Member
Dec 23, 2020
36
6
Are you getting married in Canada? I don't think marriage certificates in most provinces include religion.

And why would you need to show marriage certificate in your home country?
For childbirth registration. In my country, women have to show but men can register a child without any documentation. My husband is from a different religion and country so..
 

Femme38

Full Member
Dec 23, 2020
36
6
Are you getting married in Canada? I don't think marriage certificates in most provinces include religion.

And why would you need to show marriage certificate in your home country?
I meant getting one separately from Canada. I won't get visa to go to Canada to marry him so we are stuck with marrying in a third country that forces us to declare religions in the certificate but marries us.
 

armoured

VIP Member
Feb 1, 2015
15,549
7,914
For childbirth registration. In my country, women have to show but men can register a child without any documentation. My husband is from a different religion and country so..
I meant getting one separately from Canada. I won't get visa to go to Canada to marry him so we are stuck with marrying in a third country that forces us to declare religions in the certificate but marries us.
I see. Complicated. Unfortunately not something Canada offers. I don't understand your timing and whether the child issue is current (i.e. if you are pregnant now) and in what circumstances you need to register the child.

Obviously you can look into other countries to marry that do not record religion (most of Europe as far as I'm aware), but that will also be dependent on visas - and obviously in many countries it is more complicated to get married as a non-citizen / non-resident.

It's possible there are lawyers who could provide guidance on potential solutions but the timeframe is a big factor.

Good luck.
 

armoured

VIP Member
Feb 1, 2015
15,549
7,914
I meant getting one separately from Canada. I won't get visa to go to Canada to marry him so we are stuck with marrying in a third country that forces us to declare religions in the certificate but marries us.
One additional thought: Canada is entirely indifferent what religion is recorded in your marriage certificate. I do not know requirements in the country in which you plan to get married - but if all it requires is just a statement that he is Muslim, that will be fine as far as Canada is concerned.

This would not affect your application - and if you need to explain why family/friends in home country don't know about the relationship, etc., you can explain in a letter of explanation that you declared his religion for the marriage certificate to avoid repercussions in home country.

But I don't fully understand the situation - like if you expect to give birth in home country, I don't see how you can hide that aspect from family / friends.
 

Femme38

Full Member
Dec 23, 2020
36
6
One additional thought: Canada is entirely indifferent what religion is recorded in your marriage certificate. I do not know requirements in the country in which you plan to get married - but if all it requires is just a statement that he is Muslim, that will be fine as far as Canada is concerned.

This would not affect your application - and if you need to explain why family/friends in home country don't know about the relationship, etc., you can explain in a letter of explanation that you declared his religion for the marriage certificate to avoid repercussions in home country.

But I don't fully understand the situation - like if you expect to give birth in home country, I don't see how you can hide that aspect from family / friends.
No I won't be giving birth here but with a mix marriage I won't be able to visit home country with child. We might declare Muslim in marriage certificate but it's really his decision ultimately. His family will be there at the wedding and might get upset when he says Muslim/Islam. We'll have to really counsel everyone first.
 
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armoured

VIP Member
Feb 1, 2015
15,549
7,914
No I won't be giving birth here but with a mix marriage I won't be able to visit home country with child. We might declare Muslim in marriage certificate but it's really his decision ultimately. His family will be there at the wedding and might get upset when he says Muslim/Islam. We'll have to really counsel everyone first.
I'm really hesitant to say more but I'll risk it - and I hope you understand I'm very sympathetic to your situation.

You seem to be at risk in your home country because of your relationship, religion and home-country laws. I think the main thing you can do right now is to focus on getting yourself out of risk in the near term. The question of how to make sure you can travel back to your home country in future, with children - well, that will probably have to wait.

I apologise, it's not my place to say, and not an easy situation. You'll have to decide how to prioritise. Be safe.
 
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justinsnow

Newbie
Apr 7, 2021
1
0
Hello,

I got married outside of Canada and my spouse isn't here yet. If my marriage certificate from a foreign country is valid, then does that mean that my spouse is also bound to family law in Canada? I want to know, because I may have a case of financial abuse against my spouse.