Spouse Sponsorship..... Divorce Agreement!!! URGENT HELP Needed

[N0M0re]

Hello Guys,

I am stuck at a problem and need URGENT help if anyone can provide.... Much Appreciated...... PLEASE


I have been divorced Twice and this is my Third. I do have Divorce Judgement for both of my Divorces. My current wife was married once before and got divorce agreement only ( NO Divorce Judgement for Court it's been 9 years she signed the mutual Divorce Agreement)

I want to sponsor my wife ( or atleast get her over here ASAP) So, My questions is below

1.) Is Divorce Agreement Valid to be considered in lieu of Divorce Judgement?
2.) They have been Separated/Divorce with the above mentioned Divorce Agreement and it wont be possible to get Divorce Judgement from Court. So, What should i do?
3.) We got married with Hindu Rituals and Registered Marriage with the help of the Divorce Agreement and she was also able to obtain her New Passport under my name as well as Aadhar Card ( indian Identity document) on the basis of the Agreement. Which Implies the Indian Government considered the Agreement VALID and allowed her to legally get married and obtain documents. So, On the basis of which can IRCC provide exemption of Divorce Judgement and proceed with the Spousal Sponsorship???


I would like to requests experts here to kindly please Provide your feedback or suggestions or options available to me. Moreover, i have a flight back to INDIA first week AUGUST and would like to complete all this formalities and leave. So, i would appreciate a quick and practical suggestion or alternative for me to still proceed with the application.


Thanks in advance

 

[k.h.p.]

1. IRCC is likely to require a divorce certificate or something similar to prove the divorce is valid. Would just a divorce agreement be valid in your country?

2. If they are separated, they are not divorced. Why would it not be possible to get a divorce judgment from the court?

3. IRCC does not provide an exemption for a required proof of divorce. Many jurisdictions require the parties wanting to be married to only declare they have no impediments - there's no checking. If it turns out later that one of them was legally married at the time of the second "marriage," then their second marriage is invalid as it was illegal to enter into it. Even if India allowed the marriage to be contracted it does not clearly mean that it isn't bigamous in nature given that your wife (may have been?) was married at the time it was contracted.

You have a real challenge here. Your only hope is that a divorce agreement has the same legal weight as a divorce judgment in India - though based on your questions here, I suspect you know that it does not have the same legal weight.

 

[k.h.p.]

Just to add: IRCC will not provide an exemption to a required proof of divorce, because if you cannot provide your wife was divorced when she married you, then your marriage is not valid. They can't exempt that.

If you've somehow been living together for 12+ months and qualify as common-law, you could attempt (maybe?) to apply as common law, but that would require explaining that your marriage is invalid as your wife was married when she married you.

 

[N0M0re]

1. She came out of that relationship back in 2012 and have no contact not even know the whereabouts of her ex-husband or family ever since. The only documents she has is the Divorce agreement which stats " BOTH PARTIES TAKING DIVORCE THROUGH THIS DOCUMENT AND HENCEFORTH BE FREE TO REMARRY OR LEAD THEIR OWN LIFE" ( which is very common in Indian Hindu marriage since the marriage was never registered in the first place)

2. In India Hindu Marriages it is very common to get divorces through such documents before friends/family/relatives/ The Punch ( Rural governing body) after which most people do not go to court.

3. I am aware IRCC doesnt provide exemption but my question is if she was able to Legally get Married with providing the same Divorce agreement as well as able to Obtain Government ID's and Passport submitting the same. Can't it be sufficient enough proof that Indian Government recognizes the documents and such can be considered Valid in lieu of Divorce decree?

we do have NEW MARRIAGE CERTIFICATE (dated 2019) , New Passport with my name as spouse ( dated 2019 ) as well as Indian Identification document with my name as spouse ( dated 2019) all acquired with help of the same Divorce Document. There are not even a single document apart from this Divorce agreement to prove her previous marriage ( NO Marriage Certificate, ID Document, Address Document NOTHING).

 

[k.h.p.]

My question to you is one that I'm not quite sure you've answered: is it absolutely legal to have no divorce judgment registered with any government body in India? Would you have any issues with this in India if they asked for a divorce judgment?

 

[k.h.p.]

The way that IRCC looks at these issues is that the marriage must be legal (a) in India and (b) in Canada.

For the marriage to be legal in Canada, you can't have been already married at the time. If the divorce judgment alone is considered legal in India to substantiate a divorce, then it may be acceptable in Canada.

But I suspect you mostly need to get an opinion from an Indian lawyer or professional.

 

[N0M0re]

I am not aware if it is legal or not to have no divorce judgement registered with govt body. However, my understanding is if those government bodies willingly accepted the agreement and considered it valid in lieu of judgement and legally allowed us to get married and acquire Marriage certificate, passport and ID Document under new after marriage name with spouse name ( i.e. my name). it should very well be accepted in Canada ( Fingers crossed Hope they do)

If they ask for judgement, it would be very difficult due to following::

1. My wife has no contact or information ever since 2012 ( since the agreement was signed) of whereabouts of her ex-husband or family.
2. even if we were to somehow find out ( out of 1.5 Billion population) that guy was rude, abusive and would 1000000000% would not agree to cooperate in any manner.




Marriage legal in (a) India::

as i explained above all the documents i have received ( Marriage cert, passport , ID , even PCC ) is issued by government after carefully considering documents. ( we have provided the same agreement to identify her to be divorced at every single government office)



Marriage legal (b) in canada::

If in lieu of judgment the agreement was submitted and was utilized to provide legal documents by indian government. Doesn't it make the document lagal in India which should also make the same document Valid/legal in Canada?


I hope i understood your question and have replied accordingly. I really appreciate your input and would greatly appreciate any constructive comment

 

[k.h.p.]

1. I think so, but I'm not 100% confident. You may have either a 3-year exclusion from sponsoring someone or a 5-year exclusion (or none) but I can't remember.

2. See above.

3. The exclusions are not listed on COPR with regards to sponsorship. They're in the "eligibility" section of a sponsorship application.

4. If you have a Canadian divorce certificate and then a marriage certificate that happens after the divorce, you should be okay.

5. As you are a PR, you cannot sponsor your spouse from outside Canada. You do not need to 'register' your marriage in Canada.

 

[scylla]

1. I think so, but I'm not 100% confident. You may have either a 3-year exclusion from sponsoring someone or a 5-year exclusion (or none) but I can't remember.

2. See above.

3. The exclusions are not listed on COPR with regards to sponsorship. They're in the "eligibility" section of a sponsorship application.

4. If you have a Canadian divorce certificate and then a marriage certificate that happens after the divorce, you should be okay.

5. As you are a PR, you cannot sponsor your spouse from outside Canada. You do not need to 'register' your marriage in Canada.

There is no restrictions on sponsoring a new spouse (either 3 years or 5 years). The OP immigrated through an economic stream as a dependent in their spouse's application, not through family sponsorship.

 

[k.h.p.]

There is no restrictions on sponsoring a new spouse (either 3 years or 5 years). The OP immigrated through an economic stream as a dependent in their spouse's application, not through family sponsorship.

That's what I wasn't able to remember. Thanks.

 

[Mcmaster333]

Hi

Hello Guys,

I am stuck at a problem and need URGENT help if anyone can provide.... Much Appreciated...... PLEASE


I have been divorced Twice and this is my Third. I do have Divorce Judgement for both of my Divorces. My current wife was married once before and got divorce agreement only ( NO Divorce Judgement for Court it's been 9 years she signed the mutual Divorce Agreement)

I want to sponsor my wife ( or atleast get her over here ASAP) So, My questions is below

1.) Is Divorce Agreement Valid to be considered in lieu of Divorce Judgement?
2.) They have been Separated/Divorce with the above mentioned Divorce Agreement and it wont be possible to get Divorce Judgement from Court. So, What should i do?
3.) We got married with Hindu Rituals and Registered Marriage with the help of the Divorce Agreement and she was also able to obtain her New Passport under my name as well as Aadhar Card ( indian Identity document) on the basis of the Agreement. Which Implies the Indian Government considered the Agreement VALID and allowed her to legally get married and obtain documents. So, On the basis of which can IRCC provide exemption of Divorce Judgement and proceed with the Spousal Sponsorship???


I would like to requests experts here to kindly please Provide your feedback or suggestions or options available to me. Moreover, i have a flight back to INDIA first week AUGUST and would like to complete all this formalities and leave. So, i would appreciate a quick and practical suggestion or alternative for me to still proceed with the application.


Thanks in advance

Hi @N0M0re , plz plz guide me what happened in your case? I need your help desperately as I am in the same situation.

What did ircc ask from your wife as she did not had Divorce judgement (decree)?

Plz help
Thank you

 

[N0M0re]

Hi


Hi @N0M0re , plz plz guide me what happened in your case? I need your help desperately as I am in the same situation.

What did ircc ask from your wife as she did not had Divorce judgement (decree)?

Plz help
Thank you

It’s been 3 and half years and damn IRCC is still holding on their nuts with respect to my case.
there has been no movement of any sort.

 

[N0M0re]

https://indiankanoon.org/docfragment/32045806/?formInput=customary divorce doctypes: gujarat

THIS might help if can prove

" "Section 29(2):- Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act."

 

[Mcmaster333]

https://indiankanoon.org/docfragment/32045806/?formInput=customary divorce doctypes: gujarat

THIS might help if can prove

" "Section 29(2):- Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act."

Well, 3.5 years for you? I can really feel for you brother! Looking at your timeline, you seem to be very close to finish line.

With regards to your suggestion for Sec 29, I recently came to know about this one from one of the lawyer. And I am currently working on getting a note from lawyer or High court judge mentioning that my divorce happened by customary divorce. But I am not sure if IRCC will consider this valid. I am just soo much frustrated with this.

Anyhow, I need your help and need some guidelines. I will DM you. I will be very grateful if you could help me out please.