divorce for non resident same sex couples
DESCRIPTION
The Canadian Civil Marriage Act allows for non-resident spouses who have been married in Canada to apply for a divorce to the court in the province where they were married.TRANSCRIPT
o
refNn-sodNnotNSamsxeusSpol��sols�o�N���sxo
Same sex couples who have flocked to Canada in the last few years to get married but who live in a place
where same sex marriages are not recognized as legal marriages were, until recently, not able to get a
divorce at all.
It was a bit of a catch-22 situation: you can get married in Canada, but you can’t get a divorce in Canada
because of the one year Canadian residence requirement. You can’t get a divorce in your own country or
state because your local divorce law only applies to marriages that are recognized by your state.
One lesbian couple was forced to resort to a Charter argument in their divorce case in Ontario but the
Federal Government helpfully stepped in and plugged this gap in our law.
“e adrsladsgguannagdsdfaosfdpmtsyumanndtzud,zp”fandS rzd,sPadkzdjsmsgsdkzdoakdPsuuyagd.pkdS rzdkramdtzpmgd
kraTdS auadpms.fadkzdgynnzfladkrayudPsuuysoad.a,spnadkrayudjsmsgysmdPsuuysoadyndmzkdua,zomy-agdymdkrayud
,zpmkuTdztduanygam,axqdnsygdIasmd�rafsmxdsdn”z�anPsmdtzudkrad pnky,adga”sukPamk!
"radmaS dgylzu,adupfands””fTdkzd,zp”fandS rzdfyladymdsd puyngy,kyzmdkrskdgzandmzkdua,zomy-adnsPa#na$dPsuuysoa!d
"rad,zp”fadrsndkzdfylads”sukdtzudzmadTasuxd.pkdjsmsgysmduanygam,adtzudsdTasudyndmzkdua%pyuag!d&zkrd”sukyand
maagdkzd,zmnamkdkzdkradgylzu,a!d'tdzmad”sukTdgamyand,zmnamkxdkradzkraud,smd,rsffamoadkrskdgamysfdymdjsmsgysmd
zudtzuayomd,zpuknqd
The Civil Marriage Act allows for non-resident spouses who have been married in Canada to apply for a
divorce to the court in the province where they were married. They will have to make a court application
supported by sworn evidence to show that they meet the specified requirements:
1. The two spouses have lived separate and apart for at least one year.
2. Neither spouse resides in Canada or has any plans to reside here.
3. Both spouses currently live and have lived for at least one year in a state where they can’t get a
divorce because their marriage is not recognized.
4. The spouses jointly apply, or one spouse consents to the other’s divorce application. If the other
spouse does not consent, the applicant spouse must present a court order declaring that the non-
consenting spouse if incompetent, unreasonably withholding his or her consent or cannot be found.
Contact us for more information about divorce for non-resident same sex couples.
http://railtownlaw.com
Legal Disclaimer: The general information provided in this article does not constitute legal advice to you and is provided strictly
for informational purposes only on an “as is” basis. Legal advice pertaining to your particular situation can only be provided to
you if we have met with you personally to obtain all pertinent background information necessary to give you a formal legal
opinion. If you wish to have formal legal advice about your matter, please make an appointment with us for a consultation. No
lawyer-client relationship is created by your use of this article.
Although Railtown Law intends the contents of this article to be accurate, complete and current, and does it best to ensure that it
is, Railtown Law does not promise or guarantee that it is. Railtown Law is not responsible and will not be liable for any errors,
omissions or delays in this information or any losses, injuries or damages arising from its display, use or any links provided.
Railtown Law welcomes feedback from its readers noting any errors or omissions in the information provided in this article.
�uuepeNS��omsxN�n-sxo
Foreign couple’s divorce a first for same-sex unions solemnized in Canada
The Globe and Mail
Canadian Charter of Rights and Freedoms
Wikipedia
Canadian Civil Marriage Act
RailtownLaw.com