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Pater Seraphicus: Marriage License in Newfoundland (Part I)

Aug 26, 2008
8
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I am currently in the process of sponsoring my previously divorced spouse with whom I have been in a common-law relationship for 3 years. As we would like to get married, she has brought orginal, certified, and notarized document (her police record) from her native country documenting that she has been divorced---though the mention of the divorce is actually quite limited (only one line). The reason why a formal divorce certificate could not be obtained is because she was formerly married in a country outside her native country, and she and her partner did not meet requisites in applying for a divorce certificate/license as her partner, though being a citizen, had no longer claimed residency in the country in which they were married. That being an international marriage and a national divorce-- and to obviate convoluted legal complexities involved--it was advised to her to simultaneously register her divorce and marriage with her native country, thus officially annulling her marriage.

In Ontario and other provinces, I know that a Letter of Non-Impedimenta is required before a divorcee or separated individual can re-marry, this condition is also affirmed by guidelines stipulated by her native country (indicated on the website); the site and individuals employed at the consulate of her country in Canada, have suggested, however, that she can obtain a marriage license and certificate by complying to provincial regulations and that each province has a different criteria. This makes it very difficult for us, as we are residing in Newfoundland and Labrador, which claims only 0.1% of immigrants per year (only last year did the provincial immigration bureau (not more than an office)) open, and very few people seem to be knowledgable/conversant of the legalities involved in immigration/international marriages. Some have said that a formal Letter of Non-Impedimenta should be obtained from a local notary public/lawyer, others have said that I could go with what I have now, what with her documents notarized again by a local certified authority or not. Many of these individuals are prejudiced from the nature of their positions; it is not the first time that I have been misinformed by authorities whose ignorance has only hindered our process to become legally bound.

I would like to know what documents I should bring, and my rights before being questioned during registration by officials who generally claim and command more confidently than what they purport to know. I also welcome any links to electronic databases/legal libraries which I can access to search for my answer and to assist me in the process of sponsoring. I hope to update and share with the community on my continuing experience in sponsoring my spouse if there are those willing to help a stranger. Thanks for reading this thread!
 

frolic

Hero Member
Jul 21, 2008
218
5
I hope you have actually read this page...

http://www.gs.gov.nl.ca/gs/vs/marriage.stm

Specifically this part...
If divorced, you must present your original Decree Absolute or Certificate of Divorce. If your documents are in a foreign language, you will be requested to provide the original plus a notarized translation. If you were divorced outside Canada, you will be required to provide a letter from a practicing Newfoundland Lawyer stating that you are eligible to marry in Newfoundland and Labrador.
It's actually easier than it is in Ontario even.
 
Aug 26, 2008
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Hi frolic thanks for the reply!
That's what I had read, but lawyers whom I've asked have told me that they cannot validate a foreign national's martial status based on an official record and that I should apply one from the nearest consulate/embassy of her native country. I've been running back and forth for some time now.
 

frolic

Hero Member
Jul 21, 2008
218
5
Aha well seems your government page is a bit optimistic then.

Have you approched one of the marriage liscence issuers for assistance? That would be my next try. Maybe they can tell you what they would need from you in your specific case to issue a liscence.

In the end you might need to legalize her divorce document (Or maybe a marriage search) for use in Canada. I am familiar with the process in the other direction, legalizing Canadian papers for abroad, but it is almost the same depending on the country she is from.

This involves a few steps.

First get the document and have it notarized. You may not need a notary if it is an OFFICIAL government document.

Send the document to the origin countries Embassy or Consulate for "Authentication". Basically asking for a stamp saying yes the paper is authentic and/or the notary is good.

They forward it to the Department of External Affairs of Canada for "Legalization". Just another stamp from Canada saying yes the Embassy stamp of the other country is official.

Then you should be able to use the document to get a marriage liscence or at least get a lawyer to recognize the document then.
 
Aug 26, 2008
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Frolic, thank you again for your kind and informative post.
You have saved me a great deal of time.
Let me get on the go and I'll post here again to let you and everyone else know what happens with our
marriage license and her sponsorship.
Thanks again frolic!
 

frolic

Hero Member
Jul 21, 2008
218
5
No problem. I'm half Newfie so I had to help as I could.

Took me 6 months to work my way through the process myself, damn paperwork!!!