Separated from wife but no divorce. CIC asked for divorce certificate. What should I do?
- Thread starter jonnclk22
- Start date
Affidavit of separation and petition for divorce. Uploaded in the client info box at the bottom of the table where you can add LOEs.
Hello, I would really need help from someone that might know how I can help my friend for a divorce certificate application.
My friend married a guy in Toronto 2019 the 13th of December. But she actually left the country the day after. They don't have any connection and she wants to apply for a divorce, he never replied back. So what is the easiest way for her to fill in a form or a certificate for single simple divorce so that she can know for real that she is Divorced. She wants a valid confirmation that she now is divorced.
I mean which form is it that she needs to fill in and where does she get it and where does she send it for approval and confirmation?
So this was the main question I had. But I'm also glad if someone can help me out with these ones below.
1. How can she know if she is already unmarried if he already might have divorced her? She tried to contact Canadian authorites where they told her they can't find neither her or him in the system?
2. Why can't we find his name in the public records or know if he at least is alive or something? Because as far as I know she tried to call the autohirites in Canada, but it seems to be some sort of secrecy or something? They just told her we can't find neither of you...
3. Is there a direct page where she can go and fill this in? She does not have any belongings over there, no cars or anything of real estate value, no kids or anything of owning you know...
My friend married a guy in Toronto 2019 the 13th of December. But she actually left the country the day after. They don't have any connection and she wants to apply for a divorce, he never replied back. So what is the easiest way for her to fill in a form or a certificate for single simple divorce so that she can know for real that she is Divorced. She wants a valid confirmation that she now is divorced.
I mean which form is it that she needs to fill in and where does she get it and where does she send it for approval and confirmation?
So this was the main question I had. But I'm also glad if someone can help me out with these ones below.
1. How can she know if she is already unmarried if he already might have divorced her? She tried to contact Canadian authorites where they told her they can't find neither her or him in the system?
2. Why can't we find his name in the public records or know if he at least is alive or something? Because as far as I know she tried to call the autohirites in Canada, but it seems to be some sort of secrecy or something? They just told her we can't find neither of you...
3. Is there a direct page where she can go and fill this in? She does not have any belongings over there, no cars or anything of real estate value, no kids or anything of owning you know...
She should follow the procedures to divorce under the laws of whatever country/jurisdiction she resides in. There will/should be a procedure there for divorcing spouses from other countries and/or who cannot be found. That divorce certificate will be considered valid if done acc to the laws where she lives.
Unless of course she can arrange to have the spouse divorce her in Canada.
Noneo of your questions etc or her inquiries make much sense because marriage is a provincial thing in Canada. "Canada" has effectively zero involvement, there's no big Canadian 'system' tracking this stuff. Any such inquiry can only be done at provincial level, and the details vary.
But again: if she wants to get divorced, simplest way is to do it where she actually resides.
Hi!
Thanks for replying back to me!
She lives in Sweden. But she married the guy over there in 2019 and then just came back the next day. So you mean she should divorce him through Swedish system? But how? How has that to do anything with the Canadian law or authorites where she married the guy? You mean she should divorce him here and then send the papers to Canada? But they married over there I don't get what you mean?
Her spouse is not answering and they got mad at each other and have no longer any sort of contact or anything. So arranging the spouse to divorce her in Canada is not possible.
So okay, she is now residing and living in Sweden which she has been doing since the 80's, so you mean she should divorce him through here and send the papers over there? You say its a "provincial" thing, so Canadian authorities or tax authorities does not actually have anything to do with this?
I'm a bit confused to be honest. The reason she needs to do this in first place is because she is maybe going to marry someone in U.S or move to USA in future and then they will ask her you are already married to someone in Canada, and it will mess it up for her, because as far as we know, it can be seen. And it could ultimately barr her from USA if she isn't divorced in the Canadian system.
This is why I would like it to be made correctly for her.
First and foremost she should speak to a lawyer in Sweden.
I warn in advance that it will all be a lot easier and quicker if she can get in touch with the ex and make amicable arrangements.
She doesn't have to do anything afterwards with the Canadian system really at all, as far as I'm aware. BUT: Swedish law may and likely will require some kind of evidence that the spouse cannot be found or contacted, and that may take some time. Possibly something like a public notice. But basically every country has a way to divorce a foreign spouse and/or a spouse whose whereabouts are unknown.
But repeat: as far as Canadian authorities (i.e. provinces) are concerned, there is no central registry, you get married where you live, you get divorced where you live, authorities will recognize marriage certificates and divorce decrees/court orders of most other places. Individual provinces have civil registries but they are NOT ongoing registries of state of each marriage or civil status of each individual, they are registries of acts done under/by provincial law. (This can be quite different than in some european countries where it is expcted that the civil registry is up to date)
As far as I'm aware, USA is the same as Canada - marriages are a state responsibility. If your friend divorces, the USA (individual state) will basically recognize the Swedish divorce order (with some details about translation and notarized copies, possibly stamps from Embassies or government bodies), possibly an apostille (don't ask, a type of official stamp/authentication). The fact that the marriage was originally carried out in Canada doesn't change anything.
But first step: in Sweden, how to divorce foreign spouse whose whereabouts are unknown. Again, this will be a pain - way better and faster if the spouses can agree how/where to divorce.
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I am in Canada since 2022 on study permit, and my spouse is in India. Her spouse owp got rejected and she filed civil suite for divorce and alimony. Now she also got police to register FIR for frivolous made up charges. Do I need to declare both civil case and FIR details while filing PGWP?
For PR, I will get an affidavit made excluding her from my application. But will FIR block application? As of now there is no arrest or chargesheet or conviction.
I have consulted with few RCICs who suggested me to not disclose anything on PGWP application and explain the civil case and FIR during PR application. By then FIR may even be quashed or whole case dismissed by compromise.
Senior members, please suggest. I am worried this might put me in danger for misrepresentation.
For PR, I will get an affidavit made excluding her from my application. But will FIR block application? As of now there is no arrest or chargesheet or conviction.
I have consulted with few RCICs who suggested me to not disclose anything on PGWP application and explain the civil case and FIR during PR application. By then FIR may even be quashed or whole case dismissed by compromise.
Senior members, please suggest. I am worried this might put me in danger for misrepresentation.
I have a question, pls help. I am going through a divorce, my ex lives in the usa and I heard he got married and has a child with another woman. He has not spoken to me since August 2020. I am applying for Canadian E.E and I have a son. My question is what other documents can I provide to IRCC concerning the custody of my son as a proper custody would only be given after the divorce proceedings is finalized. I was asked to submit my documents already for provincial nomination
By far the easiest and best solution - if feasible - that will be accepted by IRCC is to get in contact with him and get a form signed allowing your son to immigrate with you to Canada (or even better, along with legal forms from him assigning you full custody). [There is a specific IRCC form for this, I forget the number.]
The other solutions: speak to your family lawyer (you don't say where you are) to get either divorce finalized or custody assigned to you by court system on basis of spouse non-involvement or abandonment or whatever. Speed of this depends on jurisdiction - but generally not fast.
I live in Nigeria and I can’t reach my ex on the phone has he has changed his number, I would be so happy if you can help me with the name of that IRCC form you spoke about. I have been cracking my head on how to go about this smoothly
At any rate, the form is IMM5604. "Declaration of non-accompanying parent/guardian for minors" etc.
The key is, it must be signed by the other parent in front of a notary (or other similar witness). So if you cannot find your ex-spouse, it does not help you.