179 replies to this topic

[dre]

The court needs to decide on the residency requirement, not this particular divorce. It is an issue if people come to this country for no other reason than to get married, so it should be sorted out once and for all.

Why is it an issue if people do that? Seems like a great thing to me... hell youre allowed to come here for any reason you want or no reason at all. I imagine these people spend a fair ammount of money while they are here. Ditch the residency requirement.

I wonder if Peter Mckay had to live in mexico for a year to get married there? Blending your marriage with a vacation seems like a perfectly reasonable thing to do. We should make make Canada a marriage destination! The marriage itself, just requires a little paperwork... you can charge a fee so Canadian citizens arent burdened. Sames goes with uncontested, and joint divorces. Just a little paperwork and fee. The government could even set the fees high enough to make a few bucks.

The only real issue would be contested divorces because they can involve some courtroom time, and thats expensive.

Edited by dre, 13 January 2012 - 01:15 PM.

[Wilber]

Why is it an issue if people do that? Seems like a great thing to me... hell youre allowed to come here for any reason you want or no reason at all. I imagine these people spend a fair ammount of money while they are here. Ditch the residency requirement.

I wonder if Peter Mckay had to live in mexico for a year to get married there? Blending your marriage with a vacation seems like a perfectly reasonable thing to do. We should make make Canada a marriage destination! The marriage itself, just requires a little paperwork... you can charge a fee so Canadian citizens arent burdened. Sames goes with uncontested, and joint divorces. Just a little paperwork and fee. The government could even set the fees high enough to make a few bucks.

The only real issue would be contested divorces because they can involve some courtroom time, and thats expensive.

Do you think there should be one divorce law for residents and one for non residents. One law for straight couples and another for gay couples.

There are residency requirements to get a divorce in Canada. They are not based on sexual orientation or how much money you spend here. Either they are the law or they are not. Let the courts decide. Deal with it.

[dre]

Do you think there should be one divorce law for residents and one for non residents. One law for straight couples and another for gay couples.

There are residency requirements to get a divorce in Canada. They are not based on sexual orientation or how much money you spend here. Either they are the law or they are not. Let the courts decide. Deal with it.

Just fix the broken law and move on. And no we dont need a bunch of diferent laws. Foreigners wanting uncontested or joint divorces should be able to get them easily and without a court appearance just like Canadians can.

[Wilber]

Just fix the broken law and move on. And no we dont need a bunch of diferent laws. Foreigners wanting uncontested or joint divorces should be able to get them easily and without a court appearance just like Canadians can.

No, Canadians must meet residency requirements. Why should we change our laws just to accomodate people who have no interest in this country other than to use it for their own purposes. If we change the law, do it because it is the right thing for Canadians.

[cybercoma]

You missed the point entirely. The issue is what happens if the spouses do not agree on the juristion because different countries have different rules on division of assets. That is why courts should refuse to hear cases from non-residents.

The couple doesn't get to pick their jurisdiction when they get to court. wtf are you talking about?

[eyeball]

Why should we change our laws just to accomodate people who have no interest in this country other than to use it for their own purposes.

Because doing the right thing for all human beings serves our purpose.

[dre]

Why should we change our laws just to accomodate people who have no interest in this country other than to use it for their own purposes.

We should change laws that make no sense, and create logical absurdities.

[Wilber]

We should change laws that make no sense, and create logical absurdities.

I don't know whether this law is absurd or not but they sure as hell aren't absurd just because they don't accomodate people who have never been residents, don't live here now and have no interest in this country other than what they can take away from it?

[The_Squid]

I don't know whether this law is absurd or not but they sure as hell aren't absurd just because they don't accomodate people who have never been residents, don't live here now and have no interest in this country other than what they can take away from it?

And the fact that Canada issued them a legal marriage certificat only to annull their legal marriage is rather absurd, don't you think? Especially given that Canada advertised that gays should come and get married here!

http://www.canada.com/travel/Feds+touted+wedding+tourism+2006/5992118/story.html

A glossy pitch from the Canadian Tourism Commission for Americans to get hitched north of the border appeared at that time in New York-based Passport, the most widely read gay travel magazine in the United States

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[Wilber]

And the fact that Canada issued them a legal marriage certificat only to annull their legal marriage is rather absurd, don't you think? Especially given that Canada advertised that gays should come and get married here!

http://www.canada.com/travel/Feds+touted+wedding+tourism+2006/5992118/story.html


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I think there are two separate issues here.

The assertion that same sex marriages occurring in Canada are not valid in Canada because they aren't recognized in some other country is absurd.

The residency requirement is different. We have residency requirements for a lot of things. They apply to everyone and should not be treated as a gay, straight issue. People coming here just to get married should be made aware of our law before they take that step.

[Moonlight Graham]

I'm not really surprised the Harper gov supports married gays getting divorced.

[dre]

And the fact that Canada issued them a legal marriage certificat only to annull their legal marriage is rather absurd, don't you think? Especially given that Canada advertised that gays should come and get married here!

http://www.canada.com/travel/Feds+touted+wedding+tourism+2006/5992118/story.html


.

And thats smart. Trying to get marriage tourists to come here makes good sense. People getting married here probably spend a fair bit of money into the economy.

Edited by dre, 13 January 2012 - 04:18 PM.

[TimG]

The couple doesn't get to pick their jurisdiction when they get to court. wtf are you talking about?

WTF are you talking about? A straight couple who got married in Canada would be required to get a divorce in the country where they reside. This couple is demanding to be exempted from these rules. The fact that they cannot get a divorce in their home juristiction is irrelevant from the perspective of Canadian law. The attempt to argue that they were not married was likely an attempt by the government lawyer to help the couple resolve the legal limbo they were stuck in. Of course, such an interpretation is lost on self absorbed types who love any excuse to jump on a victim bandwagon. It will be interesting to see what the eventual law looks like once bureacrats inform the politicians that there are very good reasons for the residency requirement and it cannot be simply gotten rid of.

Edited by TimG, 13 January 2012 - 07:13 PM.

[TimG]

The assertion that same sex marriages occurring in Canada are not valid in Canada because they aren't recognized in some other country is absurd.

The couple was stuck. Residency is required and they can't divorce in their home juristiction because their home juristiction does not recognize the marriage. One way to resolve this legal limbo is to argue that their marriage was not valid in the first place so they do not need a divorce. IOW - the government lawyer was doing the couple a favour by giving them a legal exit from their marriage. Generating faux outrage over a perfectly reasonable law is not something government lawyers should be doing.

Edited by TimG, 13 January 2012 - 07:20 PM.

[American Woman]

We have residency requirements for a lot of things. They apply to everyone and should not be treated as a gay, straight issue. People coming here just to get married should be made aware of our law before they take that step.

Makes no sense that there is a residency requirement for divorce when there is none for marriage.