Married in another country,which divorce laws apply?

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My husband and I married in his country, we then lived in my country for a few years where our son was born, and we now live in BC. Do we have to get divorced according to BC laws or can we chose between the three countries?

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Stuart Zukerman

10 years ago

Under the Federal Divorce Act either spouse can commence a Divorce proceeding in any Province in which at least one spouse has resided for the one year period immediately preceding the filing of the Divorce documents. Therefore if either of you have resided in BC for at least the past year then either of you can file for Divorce in the BC Court system. Whether you can apply for Divorce in your country of origin, your husband’s country of origin or in the country in which you were married will depend upon the laws of those countries.

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