Yes. Your marital status (single, married, divorced…) generally follows you wherever you go. If you are married, you do not become single just because you crossed a border.

Yes, but only if the marriage is legally recognized where it was performed. The law applicable in the place where the marriage was celebrated governs how it is celebrated (that is, type of celebration, who officiates, rituals to respect, etc…). Some countries officially recognize the validity of traditional customary marriages, others do not. As soon as a marriage is celebrated according to the law in the country of origin, the spouses are married in the eyes of the law in Quebec.

Yes. You don’t have to get divorced in the country where you were married. You need a judgment from the Superior Court of Quebec to get a divorce. However, this court can hear the matter and render a divorce judgment only if the conditions provided for by law are satisfied and one of the spouses has resided in Canada (Quebec) for at least one year.

Note that not all countries will recognize this divorce.

She must first obtain a divorce with respect to the first marriage. The law in her new domicile (in this case, Quebec) governs her marital status, and the law here provides that a person cannot remarry if they are already married. The second marriage will not be valid and can be annulled if she marries without first obtaining a divorce. It doesn’t matter which spouse seeks the divorce in Quebec in this situation.

Note that some countries will not recognize this divorce.

In theory, both spouses must be present for the court to render a divorce judgment. A judge can exceptionally grant a divorce if one of the spouses lives in another country, was advised of the divorce proceedings (by mail if his address is known, or by publishing an announcement in a Quebec newspaper if his address is unknown), and does not appear in court. The spouse applying for the divorce must, however, prove to the court that her spouse did in fact receive the divorce papers, or that the application was published in a Quebec newspaper, if the spouse’s address is unknown. The latter is entitled to contest the divorce or mandate a lawyer to do so on his behalf. It doesn’t matter who applies for the divorce in Quebec, be it the husband or the wife.

Note that some countries will not recognize this divorce.

In this instance, French law would apply because the marriage was celebrated in France. To determine what matrimonial regime applies, you must verify the legal matrimonial regime applicable to couples who did not sign a marriage contract at the time they married in France. The same rule applies to spouses who married elsewhere than in France and you must apply the law in the country where the marriage was celebrated.

A matrimonial regime is a set of rules governing ownership of the spouses’ property in the event of a divorce. For example, each spouse keeps the property they bought if they were married separate as to property, subject to the rules on the family patrimony. In general, people get married without signing a marriage contract. The law in this case dictates what matrimonial regime will apply to the spouses.

Remember that the family patrimony will be divided because the spouses lived together in Quebec.

Yes. The family patrimony is made up of property the value of which will be equally divided among the spouses if they divorce, regardless of which spouse is the owner. It includes the car, the house, the furniture in the house, and any retirement plans, among other things.

The laws in Quebec and Canada govern almost all legal issues related to a divorce if both spouses live in Quebec and carry on their daily lives primarily in Quebec. The law in Quebec will govern the division of the family patrimony, which is one of these issues. This means that the family patrimony will be divided regardless of where the marriage took place.

But the Quebec rules on family patrimony do not apply if one spouse lives in Quebec and the other spouse lives abroad, unless the property in the family patrimony is located in Quebec.

Yes. The rules in Quebec and Canada apply to a petition for divorce filed in a Quebec court. Divorce law in Quebec makes no distinction between men and women. Either one is entitled to apply for a divorce. The Quebec rules on divorce do not change even if the law in the country where the marriage was celebrated does not allow a woman to apply for a divorce.

Note that some countries may not recognize this divorce.

The law of the child’s domicile governs child custody in Quebec. If the children live mainly in Quebec, Quebec law will determine who gets custody of the children, and the types of custody available.

Note that some countries may not recognize a divorce granted in Quebec. In addition, the rules on child custody only apply as long as the children are in Quebec. The Quebec and Canadian rules will not necessarily apply once the children are outside Canada.

The fact that a contract is signed abroad has little effect on its validity. This contract creates rights and obligations, like any contract signed in Quebec. The original contract must be produced for the court in a divorce proceeding, along with an official translation.

The Quebec rules of the family patrimony apply if the spouses reside mainly in Quebec at the time of their divorce. It is impossible under Quebec law to give up your right to a share in the family patrimony in a marriage contract. Any such clause goes against the rules of the family patrimony and will be considered null and void, even if the contract was signed in another country where it would have been legal.

Normally, yes. This type of agreement is legal under the law of Quebec, but only if it respects the following conditions: it must have been entered into freely and voluntarily, it must not penalize one spouse with respect to the other one, and both spouses must have consulted their own lawyer before signing the agreement. A Quebec court may ignore any clause under which a spouse is not entitled to support if these conditions were not respected when the marriage contract was signed.

The Quebec rules will determine if support is to be paid and how much if the court cancels these clauses, if the spouses reside primarily in Quebec, and if they are asking a Quebec court to grant the divorce.

Legal aid is a government service that pays for a lawyer in certain circumstances. Whether you qualify for legal aid does not depend on your status in Canada. Eligibility for legal aid in family matters depends on your financial situation, i.e. your income and your assets.

To qualify for legal aid, the family income of a couple without children must be less than $ 12,500 per year, and less than $ 17,500 for spouses with 3 or more children. In addition, you cannot possess more than $ 47,500 in assets and $ 5,000 in cash. If you are not eligible for legal aid, you must pay your lawyer’s fees in full, or in some cases, in part.

People receiving employment assistance (also called income security or social assistance) are automatically entitled to legal aid.

No. A change in marital status will not affect an individual’s status in Canada once they have been granted permanent residency. The sponsored person’s status as a permanent resident will remain intact regardless of which spouse applies for divorce.

Sponsorship is not affected by an eventual separation, except in certain cases. The government may decide to investigate an individual, for example, where it has grounds for believing he married in bad faith solely to obtain permanent residency.

The rules on sponsorship provide that the sponsor is responsible for his spouse for 3 years if the spouse is unable to provide for herself. Also, the sponsor must reimburse amounts paid by the government if the sponsored spouse claims employment assistance benefits after the separation. The sponsor is bound by his undertaking even if the spouses separate or get divorced.

The situation is the same regardless of whether it is the wife or husband acting as the sponsor. Finally, a sponsor cannot use his status to prevent his spouse from seeking a divorce.

Yes, but nothing prevents him from making another type of application.

The person who applies to be sponsored and his sponsor must be married, de facto (common-law) spouses, or conjugal partners before the government will accept the application for sponsorship and grant permanent residency. The government will refuse to grant permanent residency if this is not the situation when it decides on the application.

But the sponsorship is not affected if the spouses separate after the permanent resident card has been issued. The government may reconsider if the spouses separate after the sponsorship has been accepted, but before the permanent resident card has been issued, if the government is informed of the separation. Note that lying to the government may have legal consequences.

Finally, there are other ways of obtaining permanent residency. For example, take the case of an individual who is a victim of conjugal violence and resides with her spouse in Canada. The victim can apply for an exemption by completing the form Request for Exemption from Permanent Residence Visa Requirement on Humanitarian Grounds if the abusive spouse uses the sponsorship as a means of blackmail.