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My ex was remarried out of the country

Anonymous Asked:

i have been separated for 8 yrs. i recently found out that my ex has remarried but we are not divorced. i have contacted the central divorce registry in ottawa to see if there is a divorce on file. he was remarried out of the country. if there is not divorce on file what should my next steps be?

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Andrew J. Kania, LL.B., LL.M.
8 years ago

You raise different issues. The first issue that I wish to address is property division. As you have been separated for 8 years it may now be too late for you to seek an equalization of net family property, if that is still an issue for you. I suggest that you speak to a lawyer immediately on this point. You are welcome to telephone me at 1-877-668-9386 for a free consultation.

In terms of a divorce, if your husband is re-married then he will have obtained a divorce, otherwise the marriage is not valid. The issue is where he obtained the divorce, assuming that he did so at all. If he obtained the divorce outside of Canada then it would not be registered in Ottawa. This may be a problem if he obtained the divorce outside of Canada, and it would not be recognized in Canada. Of course, I am not saying that there is a problem as we would first need to get involved with your case prior to making that determination, however I am alerting you to this possibility depending on your unique facts. We can most certainly assist you either way, including solving any problem that may exist, and I once again invite you to telephone me at 1-877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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