If you’re already in Canada, you should know that it’s quite easy to go to a court and file for a divorce. It’s also important to remember that only Canadian residents can get a divorce in Canada. If neither of you are in Canada, you won’t be about to get a divorce under Canada’s Divorce Act. Most Filipinos do this to facilitate an application for Permanent Residency, when you don’t want to bring your significant other to Canada anymore. So without further ado, here’s how to get a divorce in Canada.
What are the requirements for Divorce?
You and your spouse must be legally married (either in Canada or another country that recognized your marriage under law).
Your marriage has broken down.
You need to have lived in Canada for at least a year before applying for divorce.
What are the grounds for Divorce?
In Canada, the only reason you need to get a divorce is marriage breakdown.
The Divorce Act says you’ve experienced “marriage breakdown” when:
When you’ve lived apart for more than a year, or
When your spouse has been physically or mentally abusive, or
When your spouse has cheated on you.
If you filed for divorce because of the first reason, you be asked to live together for 90 days to try to patch things up. If unsuccessful, you can proceed with your application.
How do I start an application for Divorce?
Each province and territory in Canada oversee the processing of applications for Divorce. You will need to submit the appropriate documents and file the application in court. You can also pay a Divorce lawyer to do the legwork for you.
Where do I get the forms to apply for Divorce?
You can get the forms from your local Ministry of Justice, Attorney General, courts and bookstores. Google: Ministry of Justice divorce forms
Don’t forget, the Philippines does NOT recognize divorce.
While they are currently working at on Divorce legislation, the Philippines currently does NOT recognize divorce. So you can be divorced here in Canada, but still very much married in the Philippines. So before you submit that Permanent Residency application, consult with a lawyer knowledgable with such things if necessary. If there’s kids or money or property involved, it can get very complicated very quickly. Act accordingly.
You should file for a divorce well ahead of filing your application for Permanent Residency. You may have to file papers indicating that your husband recognizes your separation, if he puts up a fight, then you might need some help with the paperwork. Make sure that you get a knowledgable (and affordable) lawyer here to help you out if you need. For additional information about filing an application for Permanent Residency after a divorce, call the CIC Call Centre at 1-888-242-2100.
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