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How Long after a Divorce Can You Remarry in Canada?

How Long after a Divorce Can You Remarry in Canada Featured Image

It may seem like a forever process if you are going through the divorce process. The main reason is that you are totally exhausted with the relationship. However, actually, it doesn’t take much time. This time is actually dependent on the marriage law of your country. You all know that no one is able to remarry exactly after the divorce. You have to wait for a specific period of time to get married again. Here, we will discuss remarriage and how long after a divorce you can remarry in Canada. Surely, you will find all the information that you were searching for.

When You and Your Spouse Can Get Divorced?

There are several requirements for obtaining a divorce under the Canadian Divorce Act. If you and your spouse desire to divorce, you must both follow federal laws. To get divorced, you and your spouse must be in a conjugal partnership, according to the general divorce laws.

All Canadian divorce rules and acts will only apply to persons who live in Canada or surrounding territories. To apply for a divorce, you must live or remain in Canada for at least one year.

Remarriage After Divorce:

Remarriage is a marriage that is conducted after breaking down a marriage. It can happen for two reasons- divorce and widowhood. Sometimes, remarriage can be very important for the sake of the children and family. Sometimes, it can be for the need of individuals. Whatever the reason is, you have to be very careful when you are getting remarried. You will surely face many kinds of challenges in the case of remarriage after a divorce. Altered social networks, sharing children, sharing financial responsibility, resentment towards your ex-partner, etc., are very common that can bother you. Besides, there is a huge rate of divorce (around 60%) in remarriage. So, considering all these issues, remarriage cannot always be much pleasurable.

How Long After a Divorce Can You Remarry in Canada?

If you want to marry after a divorce, you need to prove that you have been legally separated from your ex-partner. For proving that, your divorce needs to be granted. Your divorce lawyer can file the process within a very short time. It takes only 31 days to grant the divorce in Canada in most cases. That means, in general, it only takes 31 days after divorce to remarry again in Canada. It can be delayed for many reasons. If your divorce process is delayed, your time of being eligible for remarried will increase. It can happen for more reasons. These reasons are as follows:

Two Parties are Not Agreed:

When two parties are not agreed to get a divorce, you will not get a divorce early. In that case, you need to prove the fault of your spouse. There are many processes that you need to conduct for getting a divorce. That is why it can take time in these types of cases.

No-fault Divorce:

In the case of a no-fault divorce, it takes a very long time to get a divorce. As there is no reason for separation, they need to stay one year mandatorily separately according to the divorce law of Canada. After spending that time, then the spouses need to make the final decisions. That is why, if your one is a no-fault divorce, we can say it will take more than one year to remarry.

Property Division:

In many divorces, people face many kinds of problems regarding property division. If these problems also exist in your case, obviously, it will take more than regular.

Child Custody:

Child custody is also a considering factor in the case of getting a divorce. It can also take a significant amount of time when you are getting a divorce, and it can also be a cause of your delay in remarriage.

Spousal and Child Support:

Child and spousal support are also a very important part of getting married. There are many processes you need to be conducted for settling the child and spousal support. That is why it may take more time in your divorce, which is around 5 to 6 months in general.

These are the main reasons why it takes more time to get divorced and remarried again in Canada. Besides this, there may be a mandatory waiting period in some provinces after which you can be eligible to marry again according to the law. Otherwise, in general, according to Canada’s law, you remarry after 31 days of a divorce in Canada.

When Does The Divorce Process Take a Long Time?

The divorce process can take anywhere from four to six months, but sometimes it takes longer than that. There are many reasons why couples might choose to delay their separation: some parties simply do not agree with the split and want to wait for a dispute resolution, or there may be certain legal requirements that must be met before a divorce can proceed.

Disputes surrounding family law issues like child custody, support payments and more can add to the delay of a case. The greater amount of argumentation, the slower it will move through the system.

Until both parties have agreed to the divorce, it will not take place. The reasons for delaying the process are as follows.

How to Speed Up a Divorce?

There are some logical steps that can help you to speed up the processing of divorce:

Step-1: When you are fully prepared for the divorce, you should gather all the financial documents before the first meeting with your lawyer.
These documents such as pay slips, taxation documents, bank statements, investment papers, account statements and other documents you have. These will help your lawyer to show you the proper way and will help to get a better settlement for divorce.

Step-2: Another better option to get a quick divorce is to go through a formal separation agreement with your spouse. It will solve the major issues for settlement with a negotiation which can make the overall process much easier.

Step-3: An amicable divorce is another fastest way to get a divorce. In this process, it will make a business agreement for the property division and manage the obligations. It will also be a great option for dividing child custody in a fair way.

How Can a Trusted Divorce Lawyer Help You?

The divorce procedure is not one-way. Two parties must be involved and participate in the process. And the process involves several legal challenges, legislation, and difficulties. Dealing with all of those things may appear perplexing to the average individual.

In that scenario, you should engage an experienced divorce lawyer. There are numerous advantages to enlisting the assistance of a reputable divorce attorney. When you have a divorce lawyer on your side, the entire procedure will appear to be extremely simple and straightforward. And you will be able to complete the divorce process in a timely manner.

Overall:

Remarrying after a divorce can be one of the major decisions that may even change your life. At the same time, it can even ruin your life as you may face many types of challenges in remarriage. So, the best option is don’t be in a hurry. Take time to think deeply before making these kinds of decisions, and obviously, you are mandatorily getting time after the divorce and before remarriage. Anyways, in this article, we have conducted a detailed discussion on remarriage and how long after a divorce you can remarry in Canada. Hopefully, after reading this article, you have got all the information you need.

Frequently Asked Questions (FAQs):

There are few frequently asked questions regarding this topic. Here we will answer all the important FAQs reading this topic. These are as follows:

Can I Marry Again After a Divorce in Canada?

The answer is yes. Obviously, you can marry after divorce in Canada. You just need to complete your divorce process on the court for doing that.

Can I Marry Immediately after a divorce?

No, you can’t immediately marry after divorce, according to the law of Canada. You have to prove that you are divorced on the court to remarry, which can take 31 days to even a few years.

How Long Should I Wait to Remarry after a divorce?

It is actually dependent on your case. If you don’t have any issues, you need to wait only 31 days, as the divorce generally takes 31 days. After that time, you will easily be able to get remarried again.

Do You Need Divorce Papers to Remarry in Canada?

Yes, you need a divorce paper to remarry in Canada. According to the law of Canada, it is mandatory to prove that you are divorced in court before getting remarried. You need a divorce paper to present on the court for doing that.

How Many Years of Separation is Required to be Legally Divorced in Canada?

Actually, it is not mandatory to be separated to be legally divorced in Canada. In the case of no-fault divorce, you need to be separated for one year mandatorily to be legally divorced.

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