Divorce on mutual consent

Anonymous Asked:

We are canadians, living outside Canada, in different countries. We want to get divorced on mutual consent. Could u please advise how to proceed? We don't have ties in Canada and we are non-resident Canadians for CRA.

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A Family Lawyer

11 years ago

In order to apply for a divorce in those circumstances, either spouse must be ordinarily resident for at least one year, at the time the proceeding is commenced, in the province in which the application is being made. Consenting parties cannot cloth the court with jurisdiction it otherwise does not have. Jurisdiction cannot be conferred by consent. Not sure if you may have more than one place of ordinary residence. Based on the circumstances in this question, hopefully you can file for divorce in one of the countries either of you currently live in.

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