Foreign Gay Divorce in Canada

[limbomex]

I married in Vancouver in 2004. We then moved to Mexico and became non-resident of Canada in 2008 or 2009. We signed a Separation Agreement in Vancouver in 2009 and got divorced in Mexico in 2011. The divorce has not been filed in Canada. I'm wondering if my divorced is legal. How would I find out?

Thanks

Edited January 30, 2012 by limbomex

[Michael Hardner]

I married in Vancouver in 2004. We then moved to Mexico and became non-resident of Canada in 2008 or 2009. We signed a Separation Agreement in Vancouver in 2009 and got divorced in Mexico in 2011. The divorce has not been filed in Canada. I'm wondering if my divorced is legal. How would I find out?

Thanks

Limbomex - Google is always your friend here.

This thread is about the questions that came up around this issue in January, though.

[guyser]

How would I find out?

Thanks

Try and get married again?

You are welcome.

[waldo]

I married in Vancouver in 2004. We then moved to Mexico and became non-resident of Canada in 2008 or 2009. We signed a Separation Agreement in Vancouver in 2009 and got divorced in Mexico in 2011. The divorce has not been filed in Canada. I'm wondering if my divorced is legal. How would I find out?

Thanks

I'm assuming you're back in Vancouver... these guys (their firm), should be your definitive route for answers (they were instrumental in successful arguments in the lead-up civil unions path that precipitated full marriage recognition). I trust an initial consult would be the standard, 'free of charge'. As I understand, for anyone divorced outside of Canada, if remarrying in Canada, provinces will not issue a marriage license without a person receiving authorization from the provinces related 'services' department... a part of that authorization requires one to present a "legal opinion' from a lawyer, giving reasons why the foreign divorce should be recognized.

the relevant section of Canada's Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.)):

Recognition of foreign divorce

22. (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce.

Idem

(2) A divorce granted, after July 1, 1968, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so, on the basis of the domicile of the wife in that country or subdivision determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for all purposes of determining the marital status in Canada of any person.

... for what it's worth, my personal (layman) interpretation of the above:

- section 22.(1), suggests a foreign residency requirement where you (or your spouse), would have been required to have lived in Mexico a year prior to the start of the Mexican divorce proceedings.

- section 22.(2) just confuses me: what is the significance/bearing of the 1968 date?... is this section clause an alternative avenue in lieu of not meeting the foreign residency mentioned in 22.(1)? ... how would the precise mention of "wife/she" apply in a same-sex regard?

[jbg]

I married in Vancouver in 2004. We then moved to Mexico and became non-resident of Canada in 2008 or 2009. We signed a Separation Agreement in Vancouver in 2009 and got divorced in Mexico in 2011. The divorce has not been filed in Canada. I'm wondering if my divorced is legal. How would I find out?

Thanks

You really need a lawyer.