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by Faith111 on November 20th, 2006

Faith111

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I reside in Canada and my ex is out of Canada. We have agreed to file divorce based on mutual consent. Does he have to come to Canada to sign the divorce or I can courier the papers to him and he can sign it and rturn them to me? Please advise.

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Answers. 3 helpful answers below.

  • by zazzy_one on December 5th, 2006

    zazzy_one

    I'm pretty sure the courier will work, otherwise Canadian law would be refusing to allow divorce based upon an spouse's unwillingness or inability to get back in the country. I am an American lawyer, however. You should find a family law resource (legal clinic) in your province to confirm this information.

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  • by scubabob on December 12th, 2006

    scubabob

    Not an issue. They don't even need to be couriered unless you want next day delivery. I went through all this last year with my ex ( I reside in Ontario). Once his signature is on it and returned to your lawyer, it's basically a done deal. It generally takes about 3 months from the time those papers are filed with the courts to the day the divorce is final.

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  • by markanon on December 12th, 2006

    markanon

    Without researching Canadian law, I would say that he would be able to sign it where he is, but that the papers would need to be notarized or the equivalent in the state or country where he is, the notary's signature verified by official certificate, etc. You can check with the consulate of the country in question as to what red-tape constitutes the foreign country's requirements and the Canadian court would most likely honor it. (There are international compacts and treaties governing authentication of documents. You could also ask the court clerk who handles the matrimonial part in your locality in Canada.)

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You're reading I reside in Canada and my ex is out of Canada. We have agreed to file divorce based on mutual consent. Does he have to come to Canada to sign the divorce or I can courier the papers to him and he can sign it and rturn them to me? Please advise.

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