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Old Apr 17th 2012, 10:58 pm   #1
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Default Divorce

Hello,

We got married in the UK in 1999 and came to Ottawa in 2009 with our children.

Even though we separated we are very amicable and have divided all the assets and are looking for an uncontested divorce to be filed.

Can the required documentation be done and filed in the UK because our marriage is governed by UK law? Or do have to file for divorce in Canada?

Regards

Emyr.
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Old Apr 17th 2012, 11:25 pm   #2
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Default Re: Divorce

Quote:
Originally Posted by emyrthomas View Post
Hello,

We got married in the UK in 1999 and came to Ottawa in 2009 with our children.

Even though we separated we are very amicable and have divided all the assets and are looking for an uncontested divorce to be filed.

Can the required documentation be done and filed in the UK because our marriage is governed by UK law? Or do have to file for divorce in Canada?

Regards


Emyr.
I am not a lawyer but I expect you should file for divorce in the jurisdiction where you are resident. A friend had an uncontested divorce in BC a few years ago. It was relatively painless and inexpensive.
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Old Apr 17th 2012, 11:59 pm   #3
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Default Re: Divorce

I'm not familiar with divorce law over here although I used to work in a Family Law Department back in the UK. Quite a number of the divorces we used to deal with were where couples had married abroad (either later moved to the UK or, in most cases, had just gone abroad for a tropical wedding). I'm sure its simple enough to do in Canada if you were married in the UK; so long as you have your Marriage Certificate.

From what you have said, in UK you could divorce on 2 years separation with consent but don't know if they use same grounds for divorce here or not.

All the best.
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Old Apr 18th 2012, 12:55 am   #4
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Default Re: Divorce

Ontario is the only Province in Canada that has jurisdiction to grant you a divorce. The Divorce Act requires residence in any particular Province for at least a year immediately preceding the filing of the divorce.

Nowhere in the UK has jurisdiction to grant you a divorce.

The grounds here are:

Separation of at least one year;
The party not filing has committed adultery; or
The party not filing has treated the other with either mental or physical cruelty.

One doesn't have to have been separated for a year at the time the Action is filed (one could separate in the morning and file in the afternoon), but one will not be able to apply for a Divorce Judgment until the one year anniversary has passed. Like in England and Wales, it is possible to be separated but living in the same house.
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