Separation In Different Cultural Practices

Separation In Different Cultural Practices

Canada is a multicultural country, welcoming new immigrants from around the world each year. This means different cultures co-existing and co-mingling with each other. There may be times where different cultural practices can conflict with Canadian law. More specifically, different cultural practices can conflict with how Canadian law views separation and marriage.

What makes a marriage legal in Ontario?

In Ontario, you need to be at least 16 years old in order to get married. If you are under 18, however, both people will need written consent from their parents.

Canadian law doesn’t recognize marriages from other countries. This is provided that they were legally valid marriages. If, however, your marriage was not valid and you are seeking a legal separation/divorce, then you may need legal advice. A lawyer can help you determine the appropriate course of action: separation or annulment.

What is an Annulment?

An annulment is a court order declaring that your marriage was never valid. This means that both you and your partner, in the eyes of the law, were not actually married. Even if you get an annulment, you are not relieved of all legal responsibilities.

A religious annulment is different from a court-ordered annulment. In order to remarry within a certain religion, you may need to get a religious annulment as well.

If you get a court-ordered annulment, you do not need to go through a divorce or separation. You are also able to re-marry after the annulment.

Arranged Marriages

Arranged marriages in Canada may not be recognized if the person lacks consent. To prove force, the person must have felt pressured to marry to the point that they feared for their own safety.

Are divorces from other countries legal in Canada?

If you lived in another country for less than one year and filed for divorce, you would have to show that you have a “real and substantial connection” with that place in order for your divorce to be legal. The person has a connection to the country where they own land and/or spend time there.

If you have a divorce from another country, you will not have the ability to claim spousal support in Canada.

If you are looking for more information or have additional questions, please do not hesitate to contact us. We will be happy to discuss your matter over a free consultation. You can reach our office at 905-366-0202 or contact us through our website here.

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