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georgewallas
Joined: 26 Nov 2007
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 Posted: Mon Dec 10, 2007 4:50 am Post subject: Divorce for 2 foriegners |
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A couple of Canadian friends of mine, got married here [10k at the district office, if you care] for a F3 [she's got no degree, and didn't want to deal with the runs]. Thanks to the wonders of the MOJ, her F3, once issued, is valid for a year from the issuance of the marriage license, regardless of his E2, and regardless of marital status...
He's going back soon, so they need to cancel the whole thing, e.g. get a divorce.
The catch is they haven't a clue how to do it.
This all came up in conversation. As I want to help them, and they never read Dave's...
help anyone  |
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tzechuk
Joined: 20 Dec 2004
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| Posted: Mon Dec 10, 2007 5:12 am Post subject: |
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Is the marriage legalised in Canada?
If not, then I don't think it's valid. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Dec 10, 2007 5:45 am Post subject: |
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| tzechuk wrote: |
Is the marriage legalised in Canada?
If not, then I don't think it's valid. |
If it is legal in Korea, it is legal in Canada (recriprocal treatment by treaty).
Your gonna need to find a lawyer or get home and file for a no-fault divorce.
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tzechuk
Joined: 20 Dec 2004
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| Posted: Mon Dec 10, 2007 6:00 am Post subject: |
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| ttompatz wrote: |
| tzechuk wrote: |
Is the marriage legalised in Canada?
If not, then I don't think it's valid. |
If it is legal in Korea, it is legal in Canada (recriprocal treatment by treaty).
Your gonna need to find a lawyer or get home and file for a no-fault divorce.
. |
Well, interesting you should say that - I was told at the British Embassy that unless we registered our marriage with the Embassy, and put in the record office archive somewhere back home, our marriage would NOT be recognised at home.....
Perhaps different rules for the UK? |
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mrsquirrel
Joined: 13 Dec 2006
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| Posted: Mon Dec 10, 2007 1:08 pm Post subject: |
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^ UK embassy in Thailand recognizes a Thai marriage as long as it was done at the local office.
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| After endorsement by a British Consular Officer, this certificate is valid under UK and Korean law. |
Seoul embassy website
I would presume that a Korean marriage is the same.
Then again the embassy staff at the embassy here are as dumb as my shoe. I have had numerous conversations with them about being married.
I wanted to put a copy of my marriage certificate on file in the UK for future purposes. I had a notarized translation and the original with me from Thailand. I asked at the Thai embassy if I had to file it there or could I use the embassy here. They told me that any British embassy could take it and send it back in the diplomatic bag for me to be registered. I had a notarized copy from them so it didn't matter what country is did it in.
Embassy in Seoul were rude on the phone saying why would they register a marriage to a that it wasn't in korea I clearly explained what I want it sent back to the UK's registration office and not for them to do anything.
They wouldn't do it and I HAD to return to Bangkok to do it.
I checked back with BKK. They confirmed again that I could and the other embassy was making a mistake. They gave me a contact detail of someone in the UK to check up with, they too agreed that any embassy would take it as long as it was an official translation.
Seoul British embassy will not take it. They refuse. So I have never put it on file yet.
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Dec 10, 2007 1:59 pm Post subject: |
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| tzechuk wrote: |
| ttompatz wrote: |
| tzechuk wrote: |
Is the marriage legalised in Canada?
If not, then I don't think it's valid. |
If it is legal in Korea, it is legal in Canada (recriprocal treatment by treaty).
Your gonna need to find a lawyer or get home and file for a no-fault divorce.
. |
Well, interesting you should say that - I was told at the British Embassy that unless we registered our marriage with the Embassy, and put in the record office archive somewhere back home, our marriage would NOT be recognised at home.....
Perhaps different rules for the UK? |
Yes, different rules for different countries do exist.
Unlike the UK (and some other countries) Canada does NOT have a NATIONAL central registry of marriages to register a foreign marriage in. It does have provincial registries but they are not connected or integrated.
For that reason, among others, Canada will also recognise and accept any monogamous marriage that is legally binding and was performed in another country. |
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Mr. Pink
Joined: 21 Oct 2003
Location: China
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| Posted: Mon Dec 10, 2007 2:13 pm Post subject: |
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| ttompatz wrote: |
| tzechuk wrote: |
| ttompatz wrote: |
| tzechuk wrote: |
Is the marriage legalised in Canada?
If not, then I don't think it's valid. |
If it is legal in Korea, it is legal in Canada (recriprocal treatment by treaty).
Your gonna need to find a lawyer or get home and file for a no-fault divorce.
. |
Well, interesting you should say that - I was told at the British Embassy that unless we registered our marriage with the Embassy, and put in the record office archive somewhere back home, our marriage would NOT be recognised at home.....
Perhaps different rules for the UK? |
Yes, different rules for different countries do exist.
Unlike the UK (and some other countries) Canada does NOT have a NATIONAL central registry of marriages to register a foreign marriage in. It does have provincial registries but they are not connected or integrated.
For that reason, among others, Canada will also recognise and accept any monogamous marriage that is legally binding and was performed in another country. |
I thought to get married in Korea, you needed to hit the embassy? I know I did. I am on file with the Canadian government as being married.
If they did it for the sole purpose of having the F-3 visa, I have to say that could end up costing them a lot depending on how their divorce works. Typically you at least need lawyers and they aren't cheap. |
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Typhoon
Joined: 29 May 2007
Location: Daejeon
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| Posted: Mon Dec 10, 2007 2:33 pm Post subject: |
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I thought to get married in Korea, you needed to hit the embassy? I know I did. I am on file with the Canadian government as being married.
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나도! I also had to register it at the Canadian Embassy. The website states you have to register your marriage. [/quote] |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Dec 10, 2007 2:49 pm Post subject: |
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| Typhoon wrote: |
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I thought to get married in Korea, you needed to hit the embassy? I know I did. I am on file with the Canadian government as being married.
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나도! I also had to register it at the Canadian Embassy. The website states you have to register your marriage. |
There is NO central registry of marriages in Canada.
From the embassy website:
First both parties must appear in person with the documents listed below and complete three copies of the Affidavit of Eligibility of Marriage and three copies of Report and Certificate of Marriage. We will verify your documents and notarize the affidavit of eligibility of marriage.
This process is required for immigration purposes at some future time and for compliance with Korean rules NOT as a registration in one of the provincial vital statistics registries.
If they got married here, they are married there and they need to get a divorce. Since they are both Canadian, the best bet is a no-fault divorce in someplace like Alberta (where it is easy) and the filing costs are cheap (a few hundred dollars).
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mrsquirrel
Joined: 13 Dec 2006
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| Posted: Mon Dec 10, 2007 3:00 pm Post subject: |
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| Would it not be easier for the people in the OP to get divorced here? |
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