This is when parties would like to handle their issues without going through an expensive courtroom battle.
To complete an uncontested divorce, the parties must be living apart for one year and if there are any children then there must be reasonable arrangements for child support.
A contested divorce is when parties cannot agree on specific issues, these issues can be related to children, division of property and spousal support. Contested divorces may or may not go to trial. Mediation and Arbitration can be useful to resolve related issues. If the parties cannot resolve the matter through an alternate dispute resolution, then they must proceed to court.
Recognition of a Foreign Divorce
When you have divorced in a foreign jurisdiction and wish to remarry in Canada, you will be required to obtain an authorization to remarry from the Registrar General in Ontario. Getting this authorization is mandatory before you can apply for a marriage license. The following documents need to be submitted to the office of the Registrar General:
- Application for marriage license signed by both parties
- Notarized copy of the divorce order or the original divorce deed
- Statement of sole responsibility signed by both parties
- A positive legal opinion issued by a lawyer recognizing the validity of the foreign divorce in Ontario
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