Thursday, August 9, 2012

Canada Public Divorce Records Obtainable Online

By Claire Dowell


Canada is the second largest country by total area. It has a total population of 33,476,688, according to 2011 Canadian census. It is located in the northern part of the continent that extends from the Atlantic Ocean in the east, Pacific Ocean in the west and the Arctic Ocean in the north. Queen Elizabeth II is the recent head of the federal state governed as a parliamentary democracy and a constitutional monarchy. Now, the country is officially bilingual at the federal level. In 1968, Parliament passed the first divorce act which established a uniform divorce law across Canada. Now, Canada Divorce Records are maintained and updated by the office of Central Registry of Divorce Proceedings.

In late 1960s, there was no federal divorce law in the country. The provinces of Quebec and Newfoundland had no divorce legislation at the time. The people had to seek the passage of Private Act of Parliament in order to end a marriage. A law was incorporated that permits a husband to obtain divorce grounds against his wife, while some provinces allow either spouse to seek a divorce. Divorce acts in provinces continued its effects until 1968 when Parliament enacted the Divorce Act.

There are certain reasons to file a divorce in the country. Couples that are living separately because of imprisonment can be a reason. Other reasons can be due to drugs, alcohol, having disappeared or deserted the petitioner or fail to consummate the marriage. Decrees of divorce under the 1968 legislation could not be granted unless a trial was held before a judge who was satisfied from all the reasons for divorce. In 2005, Parliament passed the Civil Marriage Act which amends the same sex marriage and divorce.

The Family Law Assistance Services Section maintains the documents in the Central Registry of Divorce Proceedings. It prevents duplicate proceedings for divorce in different courts across the country. It is used to resolve jurisdictional disputes that may arise under the Divorce Act that was established in 1968. All submitted divorce files are verified to detect any duplicates. If none, a clearance certificate is issued that allows the petition to proceed. When duplication is present, the office issues a clearance certificate and the court then discontinues the action.

In order to obtain a divorce record certificate, you must first contact the Supreme Court Registry where the divorce was filed. The office staff will assist you with questions and concerns regarding the certification. The cost for a divorce certificate is $40 Canadian dollar. In requesting a divorce certificate by mail, it includes a letter with the detailed and accurate information of the applicant along with the check or money order. The application is sent to the applicable court registry. All in this entire request will cost $50 Canadian dollars including the $10 Canadian dollar mailing fee.

There are two ways to get records online. It can be through a free of charge and fee based versions. Free Divorce Records is accessible with the help of free public websites. With free of charge websites, they provide incomplete information about the recent status of the person searched. Fee charges has more detailed and updated information that will surely satisfy its services and worth of your money.




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