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Can we file the paperwork from Thailand?

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Anonymous Asked:

My ex wife and I both live in Phuket, Thailand and have agreed to an uncontested divorce. We were married in Ontario in 2005 and lived in Canada together until 2005. In Thailand, we have not lived together since 2006. Assets have already been amicably split. The question is: Can we file the paperwork from Thailand? We can have it notarized or certified by the Canadian embassy. What time frame are we talking about. Separation has not been filed. Thank you for your help.

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Answer: I take it from your question that you are only seeking a divorce. In terms of claiming a divorce in Canada you or your spouse must ordinarily reside in one of the Canadian Provinces for at least one year prior to the issuance of the Application for a divorce. In short, from your question you are telling me that you have both lived in Thailand since 2005. If that is the case, and both of you have lived in Thailand from approximately 2005, then you are not allowed to commence a claim for a divorce in Canada without one or both of you first moving to a Canadian Province and then living here for at least one year prior to the commencement of the divorce Application.

(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 Andrew Kania for a free consultation).

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