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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have a same-sex marriage which was done in Ontario, Canada

Customer Question

Hello! I have a same-sex marriage which was done in Ontario, Canada in 2004. Now I wish to divorce. Both me and and my ex-partner have never lived in Canada. We have lived in Ireland and at this moment both are EU citizens. We just came to Canada to get married.
What is a the right procedure for applying for a divorce?
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
My marriage was on the 13th of February 2004. I don't have a copy of the marriage certificate. My name is***** and my partner's name is***** (might be spelled Alexandre Tarassov).
Expert:  Debra replied 1 year ago.

Why don't you have a copy of the certificate?

Do you know anyone in Ontario that can assist you a bit?

Customer: replied 1 year ago.
Hello! My partner has the certificate and I don't know if he will be willing to give me a copy. I don't know anybody in Ontario who can help me.
Expert:  Debra replied 1 year ago.

Have you been separated for a year?

Will he consent to the divorce?

Customer: replied 1 year ago.
he will consent to the divorce. I just asked him and he said he will give me a copy of the certificate if he finds it.We have lived in different cities since 2006, because of jobs. However, he's been visiting me on weekends and he had luggage and clothes in my apartment. His name has been on the lease. A month ago I moved out with my luggage only and rented an apartment on my name.
Expert:  Debra replied 1 year ago.

The law is that you are permitted to get divorced in Canada even though you are not resident in any province which is an exception to the general rule so long as your own country does not allow same sex marriages and divorces.

You can apply jointly which is the simplest way and you need to have the marriage certificate.

But you cannot get divorced until you have been separated for one year.

Customer: replied 1 year ago.
Thank you! In fact, we are residents in Ireland which has accepted same-sex marriage (and divorce I presume) earlier this year. Does that mean we have to apply for a divorce in Ireland?Last question: what kind of documents can prove how long have been separated. If we both agree to declare that we haven't lived in the same city since 2006 would that be enough?
Expert:  Debra replied 1 year ago.

Then you need to get divorced in Ireland and so you need to speak to a family lawyer there.

I don't know the law in Ireland.

Customer: replied 1 year ago.
Thank you!
Expert:  Debra replied 1 year ago.

You are very welcome.

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