Deceived by Husband

Anonymous Asked:

My partner and I got married in Victoria B.C. I knew he was married before in the Philippines but was led to believe that marriage was annulled. I found out a few months after that he's still legally married. I am also a Filipino citizen. Can I apply (and how can I) for a divorce?

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Lorrie Stojni, BA, MA, LLB

11 years ago

In Ontario when applying for a Marriage Certificate, you need to provide information regarding your prior marriage/divorce.

I suggest that before you conclude that he is still married, that you obtain copies of the legal documents in the jurisdiction where he was previously married. For example, a copy of the Marriage Certifcate would be helpful. I would then contact the former spouse and see if proceedings for a divorce were commenced in the Philippines.

You can file for divorce in Canada on the following grounds: separate and a part for one year, or adultery and cruelty. What you are alleging is that this is a fradulent marriage.

I recommend that you gather all of the informtaion as described above and then consult with a lawyer.

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