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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-19-2019, 10:52 PM
fairlight fairlight is offline
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Question Two spouses?

Who qualifies as a "spouse" under Canadian law? Can a person have two spouses at the same time? Is it possible to get remarried before getting divorced? This is what is being communicated to our child as well as put in the legal documents so I'd like clarification on the law. Thanks.
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Old 11-19-2019, 11:04 PM
tilt tilt is offline
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The isn’t on “Canadian Law”. Spouse has a different definition for the CRA (tax law) vs Family Law. A spouse can be someone you are legally married to; or someone you live common-law with (for a certain period of time or have a child together). So yes, you can have two spouses if you are married to one person but living common law with someone else for long enough.

Legal marriage is currently limited to just two people however (this will likely change as “being a parent” in the law can now be held by more than two people for the same child). You cannot remain married to one person and marry another - that is bigamy and a crime (see what happened to the Newmarket Lawyer convicted of bigamy: https://globalnews.ca/news/5889285/j...tenced-bigamy/)
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Old 11-20-2019, 08:00 AM
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Janus Janus is offline
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Quote:
Originally Posted by fairlight View Post
Is it possible to get remarried before getting divorced?
You cannot legally remarry before obtaining a divorce. In fact, that is the main reason people try to get a divorce. People are desperate to make the same mistake twice.

Quote:
This is what is being communicated to our child
How old is the child? Child probably doesn't care one way or the other. Parents are getting divorced. The legal intricacies are not that important when something this big is happening in your life.

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as well as put in the legal documents so I'd like clarification on the law.
Which legal documents? Unless this is a marriage certificate, I'm not sure that it matters. I'm pretty sure you can be a in a common law relationship with somebody while still married.
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