Legal Question in Family Law in Canada

separated

a friend has been separated from his wife for 3 years in the philippines.they have 2 kids.the wife is gone with another man and he dont know where she is.my question is: he is applying as a skilled worker for canada.will the immigration ask for proof of separation if he put his status as separated and not legally separated?can he divorce her here in canada.how long does he have to be in canada to get it done.what if he cant get her to sign it because he dont know where she is.is canada(toronto)a no fault state.phils. has no divorce.your answer will be highly appreciated.


Asked on 1/12/07, 12:19 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: separated

I do not know the intricacies of the law in Canada or in the Philipines. I DO know that if he gets a divorce in the Philippines that is valid, legal and recognized under the law there, that it will be recognized as a valid divorce in Canada (and the US). It might be easier for him that way. He can also get divorced in Canada -- there is a process to obtain a divorce when the spouse is absent/unknown -- but he would have to establish his residency, and a Canadian lawyer can explain the details and requirements to him.

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Answered on 1/12/07, 7:14 am


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