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Married in Cuba: Getting A Divorce

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  • Married in Cuba: Getting A Divorce

    Hello Everyone,

    1st post here. I appreciate any help with this. Here goes:

    Legally Separated effective August 2012. Separation agreement signed with Legal Council in October 2012.

    Married in Cuba December 2005. We received documentation after the ceremony detailing our marriage etc (in Spanish). Here is the kicker and the question. We did NOT file anything here in Canada (Ontario). Am I legally married?

    Note: I do believe (but not certain) that the Canadian consulate in Cuba issued the marriage license.

    If I am legally married, what is the next step for me in getting divorced? Does anyone have any suggestions or pointers to make this process easier?

    Thanks

  • #2
    Originally posted by DLS View Post
    Hello Everyone,

    1st post here. I appreciate any help with this. Here goes:

    Legally Separated effective August 2012. Separation agreement signed with Legal Council in October 2012.

    Married in Cuba December 2005. We received documentation after the ceremony detailing our marriage etc (in Spanish). Here is the kicker and the question. We did NOT file anything here in Canada (Ontario). Am I legally married?

    Note: I do believe (but not certain) that the Canadian consulate in Cuba issued the marriage license.

    If I am legally married, what is the next step for me in getting divorced? Does anyone have any suggestions or pointers to make this process easier?

    Thanks
    First things first. You need to determine whether the marriage was properly registered. If yes, then you follow the steps anyone else does for a divorce. Otherwise you have to follow the steps for common law couples.

    There are many threads here that outline that process. You have a separation agreement, you have been separated for a year, so you may file for divorce.

    Comment


    • #3
      After re-reading my post, perhaps I wasn't quite clear as to what my issue is.

      What I really need to know is how/where can I find the information as to whether my marriage is in fact registered somewhere. Finding that out will clearly define what my next move is in progressing toward divorce.

      Any help?

      Comment


      • #4
        Did you file a sponsorship application for her to become a permanent resident?

        Comment


        • #5
          We are both born in Canada and Canadian Citizens.

          Comment


          • #6
            Originally posted by oink View Post
            DLS....you said "nothing was filed in Ontario Canada", and then went on to say..."you do believe but not certain that the Canadian consulate issued the marriage license"?

            Me thinks you are not legally married in this country. You have more chances of getting a quickie divorce in Cuba were the certificate in Spanish was issued....probably a lot cheaper and quicker.
            They would still be considered common law married in Ontario....having lived together for 7 years.

            Comment


            • #7
              Originally posted by DLS View Post
              We are both born in Canada and Canadian Citizens.
              I misunderstood. I thought you had married a Cuban woman.

              You do not have to notify anyone in Canada that you were married. Your marriage certificate from Cuba goes to the Canadian Embassy in Havana for authentication.

              I think you are legal.

              Comment


              • #8
                Yes we lived together and we have a legal separation agreement in place and the division of assets has been completed.

                Comment


                • #9
                  Its been over a year and you have your agreements in place. Time to get it finalized.


                  Copied from: http://www.ottawadivorce.com/forum/f...divorce-12331/

                  Assuming you are also in Ontario.... all the forms can be found here: http://www.ontariocourtforms.on.ca/forms/family

                  #1 - file the 8A - Application for Divorce, check of Joint Application
                  - write cheque for $167
                  - fill out and sign Clearance (more paperwork)

                  wait approx 6 weeks for Clearance to come back

                  #2 - Submit 3 copies of 25A - Order, two copies of Form 36 - Affidavit, copy of Separation Agreement, two self address stamped envelopes, and another cheque for $280

                  - wait for it all to be rubber stamped.

                  Then finally apply for the Certificate (Form 36B) and you can then officially call yourself divorced....

                  Comment

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