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My husband remarried before we were divorced

Anonymous Asked:

I am legally married to my still husband , and I'm am filling for divorce, but he is gone and married another woman before we got any divorce process, only he did a religious marriage ceremony, is there any laws about that in canada , can a man be legally married to one and religiously to another ,and try to run away from any responsibility.

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Andrew J. Kania, LL.B., LL.M.
10 years ago

Answer: Canadian law is simple. You can only be legally married to one person at a time. A person who has been legally married must obtain a legal divorce before they are entitled to get re-married.

If your husband did not obtain a legal divorce from you, and only participated in a religious ceremony with another person, then YOU are still his wife under the law of the Province where you reside. Thus, you still have your full legal rights against your husband. However, I strongly recommend that you seek to enforce your rights NOW, and not later as things will become more complicated if you wait and, for example, a considerable amount of time passes or he has a child with his new, religious ceremony, “wife.”

If you wish to discuss this please call me at: (877) 668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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