plawrie81

Hi
I hope someone here can help.
my husband and I are from the UK. We moved here 5 years ago with our children.
we have our PR and are Landed Immigrants.
unfortunately our marriage has broken down and we want to separate and divorce but we don't want it to effect our status. Our lives are in Canada now. Will our status be effected if we get divorced?

Wags18uk

Hi,

I recently went through the same the same as you and it didn't affect my PR status. In fact I am just about to sit my Citizenship test.

Best Wishes,

Mark

plawrie81

That's awesome. Congrats.
Do I need to do anything special to get divorced in Canada because I was married in the UK?

Aviator

Marriage certificate, application to the court, agreement on financial and children's affairs.

Wags18uk

You also have to be legally separated for 12 months before you can divorce, however, there is nothing stopping you getting all the documents completed prior to this date so they can be filed on the 12 month date, this is what I did. Make a note of the legally separation date and work from that.

Aviator

In law there is no such thing as 'legally separated' it is just 'separated'. You either are, or you are not.

plawrie81

You don't have to be separated for a year if one party committed adultery. U can divorce right away

Aviator

There are other situations as well as adultery that would allow immediate application to the court. It just gets messy, unless there is some urgent need.

Wags18uk

With regards to the legally separated comment above, my comment was based on the application form for Citizenship. There is a tick box on there for 'Legally Separated' and I was advised to tick this as my application was sent off before my divorce was finalized on advice from my Canadian Laywer

scrubbedexpat091

The 1 year thing always seemed weird, why force people to wait a year? Just delays moving on with life.

Aviator

It is to help folks be sure they made the right choice. A cooling off period. Some may have got back together in that year.