Cdn expats overseas

Anonymous Asked:

My spouse and I have separated and would like to go through legal separation/divorce proceeding. We are both Canadian and got married in Ontario. Problem is we now live in Africa and have not lived in Canada for over 10 years, we previously live in the US. The separation is amicable but looking for where our jurisdiction falls. We have 2 children.

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: I am sorry, but at least one of you must have ordinarily lived in a province of Canada for a minimum of one year immediately prior to the commencement of the Divorce Application in that province. So, as you have both lived in Africa for the last 10 years, then neither of you can commence a Divorce Application in a Canadian province. Of course, if one of you does move back to Ontario, as an example, then after one year either of you can then commence the Divorce Application in Ontario, based on the fact that one of you has now lived in Ontario for at least one year immediately 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 Douglas Briand for a free consultation).

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