Divorce Rules

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Old Jun 21st 2007, 1:08 am
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Default Divorce Rules

Hello: would anyone know how to legalize in Canada an international divorce decree for a marriage that took place in Canada?. The country in question is Turkey. As Canada recognizes Turkish marriages and vice-versa and their laws are based on the Swiss code, I am hoping a Turkish divorce decree will be recognized here also.

Many thanks.
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Old Jun 21st 2007, 1:43 am
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Default Re: Divorce Rules

I think you are better off talking to a Canadian divorce lawyer instead of taking advice from laymen.
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Old Jun 21st 2007, 1:58 am
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Default Re: Divorce Rules

Originally Posted by YYZlover
I think you are better off talking to a Canadian divorce lawyer instead of taking advice from laymen.
I was hoping to hear from individuals who may have married here, but divorced elsewhere.
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Old Jun 21st 2007, 2:20 am
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Default Re: Divorce Rules

Originally Posted by surviving-gal
I was hoping to hear from individuals who may have married here, but divorced elsewhere.

I did the reverse. Next time I'll try a Turkish divorce.
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Old Jun 21st 2007, 2:29 am
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Default Re: Divorce Rules

Originally Posted by surviving-gal
Hello: would anyone know how to legalize in Canada an international divorce decree for a marriage that took place in Canada?. The country in question is Turkey. As Canada recognizes Turkish marriages and vice-versa and their laws are based on the Swiss code, I am hoping a Turkish divorce decree will be recognized here also.

Many thanks.
Where do you live now, Turkey or Canada ? Where do you intend to get divorced, Turkey or Canada ? The country with jurisdiction over the divorce will depend upon where you are domiciled.

What the hell do you mean by "an international divorce decree" ? If you are domiciled in Turkey, that is where you will need to get divorced, the same will apply for Canada. Once a decress is granted, it will be recognised in either country.

If you are "jurisdiction shopping" to see which process will be faster/more financially beneficial to you, you are likely to need to speak to a Canadian divorce lawyer and and Turkish one before coming to a decision. It is very unlikely that either lawyer will know much about the other's processes.

HTH
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Old Jun 21st 2007, 2:44 am
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Default Re: Divorce Rules

Originally Posted by Almost Canadian

If you are "jurisdiction shopping" to see which process will be faster/more financially beneficial to you, you are likely to need to speak to a Canadian divorce lawyer and and Turkish one before coming to a decision. It is very unlikely that either lawyer will know much about the other's processes.

HTH

Thank you. That is what I was trying to say without so many words.
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Old Jun 21st 2007, 2:55 am
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Default Re: Divorce Rules

Originally Posted by Almost Canadian
Where do you live now, Turkey or Canada ? Where do you intend to get divorced, Turkey or Canada ? The country with jurisdiction over the divorce will depend upon where you are domiciled.

What the hell do you mean by "an international divorce decree" ? If you are domiciled in Turkey, that is where you will need to get divorced, the same will apply for Canada. Once a decress is granted, it will be recognised in either country.

If you are "jurisdiction shopping" to see which process will be faster/more financially beneficial to you, you are likely to need to speak to a Canadian divorce lawyer and and Turkish one before coming to a decision. It is very unlikely that either lawyer will know much about the other's processes.

HTH
Thanks for your response AC: I reside & married in Canada, by international, I meant a divorce granted in Turkey. For complicated reasons not to do with speed or cost of divorce & too long to explain here, it is better that divorce takes place there. If recognized here, how do I go about entering the divorce into Canadian divorce registry, can I do this on my own or will I require a lawyer?. Thanks again.
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Old Jun 21st 2007, 3:11 am
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Default Re: Divorce Rules

But arent Canadian divorce courts more on the side of the woman and make sure that she is financially sound ? Especially if she is the "injured" or "wronged" partner ?

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Old Jun 21st 2007, 3:18 am
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Default Re: Divorce Rules

Originally Posted by burton bunch
But arent Canadian divorce courts more on the side of the woman and make sure that she is financially sound ? Especially if she is the "injured" or "wronged" partner ?

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You must be joking.
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Old Jun 21st 2007, 3:22 am
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Default Re: Divorce Rules

Originally Posted by Souvenir
You must be joking.
Just thought I had read on here that someone guy had been taken for everything he had and the wife ended up well provided for my mistake hun
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Old Jun 21st 2007, 3:22 am
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Default Re: Divorce Rules

Originally Posted by Souvenir
You must be joking.
I think that's true of courts in Ontario. My alimony is 1/3 of my gross income and it's payable until my ex dies, I think that's a more generous payment that courts in other jurisdictions would order.
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Old Jun 21st 2007, 3:26 am
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Default Re: Divorce Rules

Originally Posted by surviving-gal
Thanks for your response AC: I reside & married in Canada, by international, I meant a divorce granted in Turkey. For complicated reasons not to do with speed or cost of divorce & too long to explain here, it is better that divorce takes place there. If recognized here, how do I go about entering the divorce into Canadian divorce registry, can I do this on my own or will I require a lawyer?. Thanks again.
Will Turkey consider you domiciled there ? If not, then it is likely you will have to obtain divorce in country of domicile. If you are domiciled in Turkey, then does it really matter that Canada will not recognise it (it is likely that they will) ?

What is it you are trying to achieve ? Just a divorce or a more financially beneficial one ?
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Old Jun 21st 2007, 3:31 am
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Default Re: Divorce Rules

Originally Posted by dbd33
I think that's true of courts in Ontario. My alimony is 1/3 of my gross income and it's payable until my ex dies, I think that's a more generous payment that courts in other jurisdictions would order.
Maybe it was you who I was thinking about - can't think of anyone else it could be. Was your case in the last 12 months ? If so it is you I am thinking about.

So Ontario seem to favour women ? Must remember that for future use

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Old Jun 21st 2007, 3:37 am
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Default Re: Divorce Rules

Originally Posted by burton bunch
Maybe it was you who I was thinking about - can't think of anyone else it could be. Was your case in the last 12 months ? If so it is you I am thinking about.

So Ontario seem to favour women ? Must remember that for future use

Gaynor
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It was settled in February, after several years of dragging back and forth to the court. The Ontario courts are reputed to be relatively generous to women but primarily they're generous to the professionals. I got the divorce for symbolic reasons, prior to that we'd just lived apart for twenty years, a much better option for everyone financially than a divorce.
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Old Jun 21st 2007, 3:39 am
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Default Re: Divorce Rules

Originally Posted by dbd33
I think that's true of courts in Ontario. My alimony is 1/3 of my gross income and it's payable until my ex dies, I think that's a more generous payment that courts in other jurisdictions would order.
Souvette's ex was a real sweetie. Putting aside the punching holes in walls bit, he tried to frame her with the police, took all the family possessions, buggered off with all the financial records when he suddenly left etc etc.

I am still paying back the loan we got to buy the git off when he went after her pension during the divorce.
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