I am a Canadian Citizen living in Italy. I have been granted a legal separation from an Italian court. My X and I have not been together in the same home since October 2011. The separation in Italy was granted by a judge October 2013. There are no dependents or property to divide. It is a joint divorce that we applied for. In Italy, after the legal separation in court, we have to wait 3 years to receive a divorce certificate. The problem is I am now returning to Canada. My lawyer in Italy said I can "continue" the divorce in Canada. What does this mean? Do I need to re-start the entire procedure in Canada, or does the process start as if we already filed and passed the separation period? How does Canadian law work in this case?
Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...
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You should obtain the divorce order; a translated copy of the order; an affidavit or similar sworn document filed in relation to the application for divorce; and proof of your residence immediately before the divorce application. The foreign divorce order may be legally recognized in Canada subject to certain requirements of the foreign order. The issue is whether the divorce order takes force and effect before the three years for the certificate. To continue the process in Canada may simply mean to have the foreign order legally recognized in Canada. To apply in Canada for a divorce would require a legal opinion letter that the foreign marriage is valid. However, you would need legal advice whether the foreign divorce order effects the legal recognition of the foreign marriage.