1-877-797-9411
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

I got married in Toronto and divorced in Mexico City. Do I have to register my divorce in Toronto?

Anonymous Asked:

I got married in Toronto to my Mexican ex-husband and we divorced in Mexico City in 2009. From what I understood from the divorce proceeding, the judge ordered the court to inform the Ministry of Foreign Affairs to notify the Canadian authorities of my divorce, but I do not know if this was actually done.
How can I find out if I am legally divorced here?
Thanks for your help

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Andrew J. Kania, LL.B., LL.M.
9 months ago

The issue is whether you are eligible to obtain a marriage license in Canada, so as to re-marry in Canada. Given that you will need to submit the divorce order from Mexico when seeking a Canadian marriage license you will need a “letter of opinion” from a Canadian lawyer. That lawyer will write a letter commenting on whether they believe that the Mexican divorce would be recognized in Canada. That involves an analysis of the Canadian Divorce Act which, in part, requires that the proceeding in Mexico must have been commenced in circumstances where either you or your former husband were ordinarily residing in Mexico (the place where it was issued) at least one year before it was started. There is no process to register a foreign divorce in Canada, just a process if you wish to get re-married in Canada, as outlined above. As such, before booking a wedding date, if you plan on re-marrying, you should first speak with a family law lawyer.

Latest Questions Asked:

DC Icon

Can my ex win full custody on the with no grounds of merit

My ex partner and I have joint custody of our daughter and have so for the past 7 years. My ex served me papers wanting full custody and for my child support payment to quadruple effective in 4 weeks time. I love my daughter dearly and see her 50% of t ...

DC Icon

Simple Divorce

We have already settled support and property division so it is just a matter of getting a divorce. He wants to serve me with papers, or have me go to his lawyers since I am not protesting the divorce do I have to do anything and will it cost me money? ...

DC Icon

Is the 6 year rule for settlement of home and assets written in stone or can it be extended?

My husband and I have been separated for 6 years this coming August. Can I ask for an extension to the time limit or can it be extended at all? If my husband who has moved out and is living with someone else and has a home together will not agree on a ...

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x