Problems can arise when:

• Couples marry in Canada, but live elsewhere and want to divorce
• Where same-sex marriages (as well as divorces) are not
• recognized legally where a couple lives at the time of their separation
• A couple wants to divorce in Ontario but needs non-resident advice

In 2013, the Canadian Parliament introduced the Civil Marriage of Non-Residents Act so that previously stranded non-resident same-sex couples could get a divorce.  Now they can get a divorce if:

• There has been a breakdown of the marriage
• Neither spouse lives in Canada
• Each of the spouses resides in a place where a divorce
• Cannot be granted because it does not recognize the marriage as valid

Unfortunately, this does not solve all non-resident couples’ family law issues.  They cannot apply for custody or access to children, for child and/or spousal support or division of property.

Book a free consultation with an experienced family lawyer, Kathryn L. Smithen, who can help you negotiate these frustrating yet important issues.