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  • question about marriage certificate

    Hello

    So we are in the process of filing and we can not find our marriage certifcate which was issued out of the country. We have tried getting in touch with the embassy but with all the sancations against this country we dont think we will be seeing the certificate or able to obtain it.

    We do have a transcribed copy (in english).

    Will this suffice??

  • #2
    Yes for sure as long as the transcribed copy was certified at the same time as true to the origiinal. If not........ I have one experience where there is a method using a series of avidavids which people you know will swear as to knowing you as married and from which date.

    I have paper work in my possession from my mother who lived her life under a different name and when it came time to divorce none of her official documants matched her assumed name. The above process is what was done (I think she had three or four - one being her employer). It cost my mom $600 plus court fees to process this. With the slap of the anvil of the judge she had a new official name!!!

    hope this helps. - your family courthouse should deal with this - if this helps name was processed in a federal court? (? because i am a tad fuzzy on family law and depending on your details - you must file in the right court or start over again)

    Comment


    • #3
      hmmm I hope its not as much as an ordeal as you described.

      I dont understand why they have the option on the affadavit of claiming your certificate is lost if they make you go through so much trouble ... i dont really understand the motive behind it. why would you claim your married if you really weren't?? if you weren't ever really married than why on earth would you be going through the hassles of divorce

      im seeing a lawyer about this bringing everything that i have. hopefully my transcribed copy will suffice.

      thanks for your help

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      • #4
        remember that you are going through a legal process, one which you are asked to swear certain things as being true or not. you could say anything you want and forge what you want and most important!!!!!!

        Your marriage vs common law - the laws of divorce are slightly different with actual married people having certain "advantages" in terms of property (depending on which side you are on for if it is good for one it is as equally bad for the other!

        Length of marriage has a very HUGE impact on your settlement, support if any and again this can affect a spouse who is in a position of disadvantage..... and yes for sure bring it up with the lawyer - he will be the one to set up the legal aspect of what must be done. I am going by memory (been afew months since i came across the paperwork but she had to hire a specific type of lawyer to stand in the court that actually did this (almost positive as she had a seperate bill entirely from that which her divorce lawyer was paid).

        just a heds up.

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        • #5
          Quite a few people don't have marriage certificates because they were never issued one. I think Divorce Act has wording to the effect of marriage conducted in "solemn form" and you can use different wording to show the Court that your marriage was solemnized and you did get married. Ask an East Indian /South Asian lawyer...I think they deal with this. Or the clerks might provide an example.

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          • #6
            what beeie says is interesting - I wonder if the canadian courts actually accept this or do they then treat this as a common law marriage?? This comes back to how sensitive the length of marriage and support can be tied together. One spouse says 7 years and the other says 22 years married....... Perhaps there may be a member on this forum who has had to deal with this on their own?

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            • #7
              if you were married out of the country, how did you file with the provincial government your proof of marriage?

              We were married in the Dominican, received a certificate in Spanish. When we came back to Ontario, had to hire a Spanish lawyer to complete a certified translation before we could file with the province.

              Did you register the marriage in your province? If so, they should have a copy.
              Start a discussion, not a fire. Post with kindness.

              Comment

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