Gay marriage in canada for non residents

Gay divorce for non-residents of Canada While Canadian divorce laws apply equally to same-sex and opposite-sex spouses who live in Canada, the laws are different for those who are not residents. If non-resident spouses want to divorce, they may run into difficulties. If you are planning to be married in a foreign country, you should contact the nearest embassy, high commission or consulate of the country where the marriage will take place. They will tell you what documents you will need and whether they need to be authenticated. Canadian government offices abroad can also provide information about laws and regulations in the countries where they are located and a list of local service providers if you need legal guidance.

Civil Marriage of Non-residents Act S.C. , c. 30 Assented to An Act to amend the Civil Marriage Act SUMMARY This enactment amends the Civil Marriage Act in order to provide that all marriages performed in Canada between non-residents, whether they are of the same sex or of the opposite sex, that would be valid in Canada if the spouses were domiciled in Canada are valid for the. An Act respecting certain aspects of legal capacity for marriage for civil purposes. WHEREAS the Parliament of Canada is committed to upholding the Constitution of Canada, and section 15 of the Canadian Charter of Rights and Freedoms guarantees that every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination;. WHEREAS the courts in a majority of the provinces and in one territory have recognized that the right to equality without discrimination requires that couples of the same sex and couples of the opposite sex have equal access to marriage for civil purposes;.

For couples whose same sex marriage was not recognized in the state or country where they resided, that same state or country’s divorce laws would not apply to them. They were also not able to get a divorce in Canada because the Canadian Divorce Act had a one-year residency requirement so non-residents were unable to apply. The Canadian government is abruptly arguing that the same-sex marriages of many foreigners who wed in Canada are not valid, a move that stunned the gay community and could affect thousands of couples. In , Canada became one of the first nations in the world to formally legalize gay marriage. Same-sex couples have been marrying in their thousands in Canada, and lenient rules on residency requirements for those seeking a marriage license mean many of them are from abroad.

The Civil Marriage Act of changed Canadian law to allow same-sex partners equal access to marriage for civil purposes on the basis that every individual has the right to equality without discrimination. Since , thousands of same-sex couples have accessed the rights afforded them under the Civil Marriage Act and have married in Canada. This enactment amends the Civil Marriage Act in order to provide that all marriages performed in Canada between non-residents, whether they are of the same sex or of the opposite sex, that would be valid in Canada if the spouses were domiciled in Canada are valid for the purposes of Canadian law even if one or both of the non-residents do not, at the time of the marriage, have the capacity to enter into it under the law of their respective state of domicile. It also establishes a new divorce process that allows a Canadian court to grant a divorce to non-resident spouses who reside in a state where a divorce cannot be granted to them because that state does not recognize the validity of their marriage. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:.