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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

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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.

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