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Sign Petition: Call for Divorce Law Reform to Protect Canadians Facing Prolonged Legal Delays

RAWS

Newbie
Nov 3, 2024
4
0
Many Canadians face prolonged divorce proceedings that hinder their ability to obtain necessary divorce certificates for immigration sponsorship, resulting in significant legal costs and life disruptions. We urge the House of Commons to reform divorce laws to allow remarriage eligibility once a marriage is dissolved in family court, preventing misrepresentation and polygamy accusations under immigration rules.

https://www.ourcommons.ca/petitions/en/Petition/Details?Petition=e-5156
 

armoured

VIP Member
Feb 1, 2015
17,282
8,889
Honest request for explanation: you say in this petition that the issue is fundamentally that individuals cannot remarry until they receive the divorce certificate (but after the marriage is dissolved by court order) - how much time is actually involved in obtaining this certificate?

If the court issues an order, and there is a copy of that physical order, is that not sufficient?

Is that really the limit of what you are requesting - ONLY asking for remarriage consideration after the court order but before the divorce certificate available?
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Many Canadians face prolonged divorce proceedings that hinder their ability to obtain necessary divorce certificates for immigration sponsorship, resulting in significant legal costs and life disruptions. We urge the House of Commons to reform divorce laws to allow remarriage eligibility once a marriage is dissolved in family court, preventing misrepresentation and polygamy accusations under immigration rules.

https://www.ourcommons.ca/petitions/en/Petition/Details?Petition=e-5156
Look, you're not getting any pick up on this because this issue impacts only a tiny number of immigration applicants. It's not a significant immigration issue by any stretch of the imagination. I'm assuming you have personal reasons for pursuing this. Very strongly recommend you not count on a change to divorce laws to fix your situation. Either focus on finalizing your divorce under current laws or become common law with the person you want to sponsor.
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Honest request for explanation: you say in this petition that the issue is fundamentally that individuals cannot remarry until they receive the divorce certificate (but after the marriage is dissolved by court order) - how much time is actually involved in obtaining this certificate?

If the court issues an order, and there is a copy of that physical order, is that not sufficient?

Is that really the limit of what you are requesting - ONLY asking for remarriage consideration after the court order but before the divorce certificate available?
No. I don't think that's what this is about at all. If you read the petition, OP want divorces to be finalized and be able to remarry before custody and asset issues related to the divorce are determined and agreed to. This is a pipe dream.
 

RAWS

Newbie
Nov 3, 2024
4
0
The problem is that immigration law doesn't accept a divorce order. If the certificate is not there, it is a breach of the law and if anyone dares to get married, they are slapped with polygamy.

Some divorces take years and i believe people should be allowed to remarry if the marriage is dissolved.
 

armoured

VIP Member
Feb 1, 2015
17,282
8,889
The problem is that immigration law doesn't accept a divorce order. If the certificate is not there, it is a breach of the law and if anyone dares to get married, they are slapped with polygamy.

Some divorces take years and i believe people should be allowed to remarry if the marriage is dissolved.
How long from the time the court order is issued to the certificate?
 

armoured

VIP Member
Feb 1, 2015
17,282
8,889
This is usually 1 month. The problem is it takes years to reach to the divorce order stage
The one month delay is not a serious issue. What you now appear to be asking is that one be allowed to get married before one is actually divorced - which is nonsense.

Therefore I fully oppose your petition. Worse, as you've written it, you appear to be deliberately misleading others about what the petition is for.

This is never going to happen.

What you want is some 'fast divorce' option. Different situation. Lobby your MPs about that. Be truthful about what you want.
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
This is usually 1 month. The problem is it takes years to reach to the divorce order stage
So to clarify, you want the ability to remarry before settling matters such as child custody, spousal support, and division of property and assets.