Foreign Divorces
Foreign Divorce Recognition for Marriage Authorization in Canada
In Canada, prior authorization from the Ministry of Government and Consumer Services is required for marriage. Typically, this involves obtaining a foreign divorce opinion letter from a licensed attorney in Ontario. This document certifies that a divorce obtained outside Canada is valid and permits remarriage. It is essential to demonstrate that there are no existing marriages, as polygamy is prohibited in Canada. The foreign divorce or annulment's validity is confirmed by the opinion letter, ensuring eligibility for future marriage. Only attorneys licensed by the Law Society of Ontario are authorised to issue such letters. Recognition of Foreign Divorces in Canadian Law Under specific guidelines set forth in the Divorce Act, divorces obtained outside Canada may be recognized. For a foreign divorce to be enforceable in Canada, either both spouses must have resided in the country for at least one year before filing, or the petitioner must demonstrate a "real and substantial connection" to the country. Recent case law has clarified that this connection can be established by either spouse. While resistance or coercion during the divorce process does not invalidate the divorce, certain factors, such as lack of notification or significant differences from Canadian family law, might lead to non-recognition. Registering Foreign Divorces in Canada In Canada, divorces from abroad are not required to be registered. But in order to get married again, you need to get permission. This requires completing the Marriage Licence Application, signing the Statement of Sole Responsibility, and getting a court-certified copy of the divorce judgement. Affidavits and translations are needed if the documents are not in English or French. It is also necessary to obtain legal opinion letters from attorneys confirming the legality of the divorce or annulment. Procedures for overseas annulments are similar. Navigating Marriage Authorization To avoid additional costs and delays, it is advisable for individuals who are married under both Canadian and foreign jurisdictions to initiate divorce proceedings in both jurisdictions concurrently. Seeking legal counsel prior to commencing the divorce process can help ensure that all legal requirements are met and can streamline the overall procedure. Contact us today to understand the process better. Understanding Property Division in Family Law In divorce proceedings, property division is a crucial aspect that entails evaluating assets and debts. In Ontario, the law requires equalising net worth between spouses at the time of separation, a complex process that demands legal expertise. At RRM Law, our family law experts offer tailored guidance to ensure equitable asset distribution and protect your financial interests. Reach out to us to navigate property division effectively and safeguard your rights. Property Division Overview Property division, as used in family law, describes the process of allocating assets and obligations following the dissolution of a marriage or common-law partnership. This procedure is governed in Ontario by the equalisation principle, which attempts to split marital property evenly between the parties. During this division, assets such as the family house, automobiles, enterprises, investments, and debts accrued during the relationship are taken into account. Gifts, inheritances, and prenuptial agreements are examples of exceptions that could affect how things are divided. Experts in family law and the legal system guarantee an equitable allocation according to specific situations. Net Family Property (NFP) The total value of all property acquired by each spouse during a marriage or common-law partnership is referred to as net family property (NFP). NFP includes all assets of a spouse as of the valuation date, typically the date of separation, after deducting certain liabilities. This encompasses liabilities, debts, and the value of any property owned by a spouse on the date of marriage that is not the marital residence. The primary objective in calculating NFP is to determine the equalisation payment owed to the spouse with a lesser property value. To effectively navigate this complex area of family law, it is advisable to seek legal counsel. Equalization Rights Equalisation of net family property (NFP) pertains to the principle that divorcing parties are entitled to an equitable distribution of the family’s assets. To determine each spouse’s NFP, their obligations are deducted from their assets. The spouse with the lower NFP is entitled to receive half of the difference between the two amounts. It is important to note that common-law partners may have different entitlements compared to legally married couples. Russell Alexander Collaborative Family Lawyers assist clients by facilitating financial disclosure between the parties to ascertain their respective entitlements. By sharing comprehensive financial information, they help identify divisible assets, including the marital residence. Matrimonial Home For many couples, the matrimonial home is quite valuable. This asset is given special consideration under family law. Rights to the house after a divorce are a common topic of discussion. Getting legal counsel is essential to comprehending your rights and responsibilities. Given that the Family Law Act imposes specific time limits for making a claim for equalisation following separation or divorce, it is highly advisable to seek legal counsel promptly. To receive advice on property division or address any questions regarding your legal rights, please contact our office to schedule a consultation with one of our skilled family law attorneys.