How To Get Divorced In Canada When You're Married In Jamaica?

By Remitbee - Jul 18, 2023

Individuals married abroad may find divorce proceedings in Canada challenging to navigate.

If you're married in Jamaica and are now considering divorce in Canada, you must understand the eligibility requirements.

You also need to know the steps involved in divorce and any potential complications that may arise.

Eligibility for Divorce in Canada

Canada recognizes foreign marriages. If your wedding is legal in Jamaica, you can file a divorce if you meet the requirements.

The marriage must meet the following conditions to be subject to divorce procedures:

  1. The pair must have been married for at least one year.
  2. Both parties must live apart from their spouse for at least one year.
  3. The couple must prove that their marriage has broken down.

When proving the failure of your marriage, you and your spouse must provide one of the following grounds:

  • adultery
  • physical or mental cruelty
  • the spouse has disappeared for at least one year

Once you have established that you meet the requirements for a divorce, you can file a divorce application in court. You can do this either on your own or with the help of a lawyer.

Filing for Divorce in Canada

Divorce in Canada is a multi-step procedure that includes specific paperwork and court filings.

Applying for divorce in court requires gathering certain documents. This may include your marriage license and evidence of residency.

There is also a filing fee, which may vary with your specific situation. Divorce proceedings may drag on for months, so it's crucial to be patient and diligent as you go through the motions.

Divorce laws in Canada may differ from those in Jamaica, so it's essential to know the specifics of your situation.

Canada may not recognize a foreign divorce judgment. Thus, dividing property and assets acquired during the marriage will be more difficult.

Cultural and legal norms can influence divorce. This may include accepting common-law marriages or prenuptial agreements.

Hiring a lawyer in Canada is often recommended to ensure your rights are protected and the divorce proceeds as smoothly as possible.

Required Documents and Forms for Divorce

You must complete a divorce application and submit it to the court along with the necessary supporting paperwork:

  1. Marriage certificate: Prepare a copy of your marriage certificate to prove that you are legally married.
  2. Proof of residence: Provide evidence of your residence in Canada, such as a driver's license or utility bill.
  3. Financial statement: Present a breakdown of your income, assets, and debts.
  4. Affidavit: Create a statement that you affirm is true.
  5. Other required documents: You may also need additional documents, such as a separation agreement or proof of adultery.

Fees and Costs When Filing for Divorce in Canada

After preparing and submitting your divorce paperwork, you will need to pay the relevant fees, which cover the following:

  • Court fees
  • Legal fees
  • Other costs associated with the divorce process

Cour fees usually differ across Canada depending on the territories and provinces. For example, Ontario court fees are $447, according to the Ministry of the Attorney General.

An uncontested divorce usually costs $1,353, and a contested divorce is $12,875 on average. That's according to the Canadian Legal Fees survey.

Stages Involved in the Divorce Process in Canada

  1. File the documents with the court. You can file your divorce documents at the courthouse in the province or territory where you currently reside. You must pay a filing fee, which varies depending on your location. If you and your partner cannot settle your differences amicably, both parties may be required to appear in a court hearing.

  2. Serve your spouse with the divorce documents. Your spouse has 30 days from the day they were issued the divorce application to respond and submit additional paperwork to the court. However, if they don't answer by the deadline, the divorce will go on without their input.

  3. If your spouse files a response to the divorce petition, the court will set a date for a hearing. It will decide on custody, support, and property distribution, among other matters. In this stage, a judge will review your case and decide on your divorce.

  4. If approved, the court will issue a divorce order. This legal document is a formal record of the conclusion of your marriage.

  5. Have your divorce order recognized in Jamaica. You may need to provide extra documents or go through a separate process.

Getting divorced in Canada is never easy. Thus, it is crucial to seek the counsel of qualified attorneys to comprehend your legal standing better.

Wrapping It Up

To get a divorce in Canada while married in Jamaica, you must follow a specific process and meet certain requirements, as discussed above. Hopefully, you've found some helpful information here.