Divorce

Old Apr 17th 2012, 9:58 pm
  #1  
Forum Regular
Thread Starter
 
emyrthomas's Avatar
 
Joined: Aug 2005
Location: Ottawa
Posts: 39
emyrthomas is an unknown quantity at this point
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.
emyrthomas is offline  
Old Apr 17th 2012, 10:25 pm
  #2  
Binned by Muderators
 
Joined: Jul 2007
Location: White Rock BC
Posts: 11,682
JonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond repute
Default Re: Divorce

Originally Posted by emyrthomas
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.
JonboyE is offline  
Old Apr 17th 2012, 10:59 pm
  #3  
.
 
Joined: Mar 2010
Location: Cochrane, Alberta
Posts: 868
TheThornes has a reputation beyond reputeTheThornes has a reputation beyond reputeTheThornes has a reputation beyond reputeTheThornes has a reputation beyond reputeTheThornes has a reputation beyond reputeTheThornes has a reputation beyond reputeTheThornes has a reputation beyond reputeTheThornes has a reputation beyond reputeTheThornes has a reputation beyond reputeTheThornes has a reputation beyond reputeTheThornes has a reputation beyond repute
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.
TheThornes is offline  
Old Apr 17th 2012, 11:55 pm
  #4  
Lost in BE Cyberspace
 
Almost Canadian's Avatar
 
Joined: Aug 2005
Location: South of Calgary
Posts: 13,373
Almost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond reputeAlmost Canadian has a reputation beyond repute
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.
Almost Canadian is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.