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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 05-05-2011, 01:57 PM
MNP MNP is offline
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Default Divorce in original country validated in Canada

Hi
My husband and I are both permanent residents of Canada and we both are Iranian.My husband has resided in Canada for the last 20 months and didn't go back to Iran, however I have short trips to Iran every 3-4 month.
We have no kids and no properties in Canada. We both have hired lawyers in Iran and they are proceeding with our divorce .I have done this because the process of divorce when both parties are willing is so short in Iran.
I wonder once I receive the divorce papers, can I validate them in Canada ?(we are residents of BC).Do we need to undergo Canadian divorce process again?
Thanks
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Old 05-05-2011, 02:07 PM
HammerDad HammerDad is offline
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I would think that you would have to get divorced in the jurisdiction where you currently both reside.

You are now both Canadian residents and subject to Canadian laws, but want to divorce under the laws of Iran. While I don't see any reason why Canada wouldn't honour the divorce, there is the slight possibility of it being challenged should either of you choose to, as neither of you were residents of Iran at the time of divorce.

If you do get divorced through Iran, I would have it filed with your local court house. Speak to duty counsel at your local court house for advice.
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Old 05-05-2011, 03:43 PM
WorkingDAD WorkingDAD is offline
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I do not think I can give you exect answer but one thing to keep in mind that question of divorce will come to play when you decided to get married again here in Canada...

for Ontario for example Getting Married
Quote:
If you were divorced outside of Canada, you must obtain authorization from the Ministry of Government Services before you can purchase a marriage licence.

For authorization, collect the following documents:

A completed Marriage Licence Application.
A Statement of Sole Responsibility for each divorce signed by both parties of this marriage.
An original or court-certified copy of the divorce decree or annulment. If the decree is in a language other than English or French, include a translated copy together with an affidavit sworn by a certified translator.
A legal opinion from an Ontario lawyer, addressed to both applicants to the marriage, giving reasons why the divorce or annulment should be recognized in the Province of Ontario. The Office of the Registrar General will fax a sample legal opinion letter to your lawyer if you call (807)-343-7492 or toll-free at 1-800-461-2156.
And send them to:

The Office of the Registrar General
Marriage Office
P.O. Box 4600
189 Red River Rd.
Thunder Bay, ON P7B 6L8
At least your divorce papers should go through Iranian embassy to confirm that they it legal...
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Old 05-05-2011, 11:30 PM
Mess Mess is offline
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I answered this question a few months ago for some, I think, from China.

You can get a divorce in Iran and it will be recognized in Canada. The only stipulation is that you must get a divorce in a country where you have ties, especially if you got married there.

What won't be recognized is if you were both from Canada, have always been Canadian residents, and for some reason traveled to another country to get a cheap quick divorce.
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Old 05-05-2011, 11:47 PM
WorkingDAD WorkingDAD is offline
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Yea
that would very not fare to Canada to go somewhere and get divorced for 20 dollars when in Canada you can spent thousands and help local community of lawyers and welfare's hardworking people...

Just being sarcastically honest
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Old 05-06-2011, 02:15 AM
lilspinx lilspinx is offline
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If the Iranian marriage is recognized under Canada Law, makes sense to Divorce here, your current location rather than abroad to avoid travel back to Iran to complete. Save some family coin for all.
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Old 05-06-2011, 11:24 AM
MNP MNP is offline
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Thank you all for your replies.
We got married in Iran before immigration to Canada .My husband was the main applicant and I was added to his file later on.It was 5 years ago and we have just spent 2 years out of 5 years in Canada .
I'm not really interested in cheap divorce, however I would like to end this relationship before it gets uglier and there is no way than breaking all ties as quickly as possible.We don't need to travel to Iran as my mom is acting as our attorney.As we are still Iranain citizens and as I mentioned before I travel back and forth frequently to take care of my grandfather in Iran , I think at least I have strong ties in Iran.
Anyway, I found the suggestion to consult with local court counsel logical.
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Old 05-06-2011, 11:32 AM
WorkingDAD WorkingDAD is offline
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Quote:
Originally Posted by MNP View Post
Thank you all for your replies.
We got married in Iran before immigration to Canada .My husband was the main applicant and I was added to his file later on.It was 5 years ago and we have just spent 2 years out of 5 years in Canada.
You just made minimum requirements to not loose your PR status but you probably knew that.

Quote:
Keeping your permanent resident status

Your permanent resident status allows you to live in Canada, but there is also a time limit on how long you can live outside the country. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period.

For further information on residency obligations, please see Appendix A of Applying for a Permanent Resident Card.
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Old 05-06-2011, 07:40 PM
MNP MNP is offline
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Yes, I know that .actually right now I am applying to renew my PR card.
However, thank you very much for mentioning.
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