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Anonymous Asked:

My brother is not a canadian resident. His wife came to Canada to work so she can petition him and their daugther after few years. My brother since his marriage has to work abroad to be able to provide his family financially esp that they already have a child. Unfortunately, when wife was in Canada, their relationship failed and the wife sent him a divorce application Form 8A (simple)and Form 6 paper to sign 7 years ago, filed in Ontario, Superior Court of Justice. My brother was unable to sign the Form 6 but based on the document, the application was already submitted in the Court with a Court File Number. My brother is made aware that his former wife already moved on with her life,got married and has another child from her present husband. My brother wishes to move on with his life now but the country where he comes from doesnt acknowledge divorce and is now really desperate to start another life with a woman who stood by him when his wife decided to divorce him. Even if he wasnt able to sign the Form 6, 7-yrs ago, was the appliction for divorce in Ontario pushed through? He is wondering and if it did, can I help him obtain a copy of the approved divorce paper so he can finally start his own new family? His former wife seems hiding that she keeps changing address and contact number. I just wanted to help my brother start a proper life and marriage with the new woman he found. Please, kindly advise.

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A Family Lawyer
6 years ago

The only countries which do not permit a divorce are the Philippines and the Vatican City. I appreciate he feels trapped. His options are to file for annulment or declaration of nullity in his home country. The parties may never have cohabitated together. You should consult legal representation in his home country. It doesn't really matter what happened with the divorce in Canada, because his home country does not recognize divorce. For peace of mind, you may also want to obtain a copy of the divorce order as he has the application and knows the court address.

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