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  #1  
Old 03-08-2007, 04:26 PM
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Join Date: Nov 2006
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SINCERA Level 1 (10)
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Does anybody know whom to contact in port au prince in regards of proper guidance and terms to husbands sponsorship application for permanent visa in canada.what is required per canadian law (WHAT IS THE MARRIAGE LAWS)
I have been contacting so many places for guidance and i am not getting anywhere.so hopefully someone on this site knows the right contact for lawful information and requirements..
did anybody on this site have to get married again because the canadians laws differ from dominican laws .example a couple gets married in dominican she/he dominican and the wife /husband is canadian ,got married a couple of days of he/she divorce (dominican divorce to their husband wife)and married their canadain spouse in the dominican,and was refused visa because the couple needed to wait a while as per canadian laws...has anybody experienced this
thanks
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  #2  
Old 03-08-2007, 07:59 PM
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Join Date: Jan 2002
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AnnaC Level 2 AnnaC Level 2 (110)
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Please read carefully;


How soon can a Dominican woman remarry after a divorce?
Art. 35 of Divorce Law 1306-bis of 1938 establishes that a Dominican woman needs to wait ten months after her divorce is final. The only exception is when she is remarrying her previous husband.

This archaic provision comes from the article 228 in the French Napoleonic Code of 1804, a time when pregnancy tests did not exist and therefore confusion could result regarding the paternity of any child born soon after the new marriage. It is stupid and outdated, etc. but, unfortunately, it’s the law.

How soon can a person remarry after getting a one-day divorce in the DR?
The foreign person needs to wait for the divorce decree to be registered at the “Oficialía” before remarrying. The divorce is not final until it’s registered. To marry before registration of the divorce decree may invalidate the marriage if challenged in the future.

Will my one-day divorce be valid in the US or Canada?
For the judgment to be valid abroad, it needs to be certified in the Office of the Attorney General of the Dominican Republic as well as in the Foreign Relations Ministry and the embassy or consulate of the country where the divorce is to be valid.

The authentication of the final decree of divorce, with translations by an official government translator, is part of the services provided by law firm for the established fee.

Prior to getting divorced in the Dominican Republic, Canadian citizens should check with a local solicitor or notary (in Quebec) to determine whether the divorce will be recognized.

Now unless the laws have changed if you got divorced in Canada you might have to wait 30 days to remarry
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Old 03-09-2007, 10:27 AM
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Shelley Level 1 (10)
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SINCERA, the only thing I can think of is that CIC may consider it a fake marriage if he/she married so quickly after a divorce. They may wonder how a couple could establish a meaningful relationship if the guy/girl was married to someone else just days/weeks before. It would be cause for them to examine the relationship more than usual.

Anna, when you said a Dominican woman must wait 10 months, is there no rule for a man?
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  #4  
Old 03-09-2007, 10:37 AM
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AnnaC Level 2 AnnaC Level 2 (110)
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Quote:
Originally Posted by Shelley View Post
Anna, when you said a Dominican woman must wait 10 months, is there no rule for a man?
It's a Dominican law to apparently prevent/avoid Dominican women from remarrying while carrying the first husband's child so that would rule out men except whatever the law is for final waiting period after a divorce.
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  #5  
Old 04-22-2007, 05:35 PM
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AnnaC quote:
How soon can a Dominican woman remarry after a divorce?
Art. 35 of Divorce Law 1306-bis of 1938 establishes that a Dominican woman needs to wait ten months after her divorce is final. The only exception is when she is remarrying her previous husband.

Does this also apply to a foreign (American) woman who got divorced in DR? Or can a foreign woman get married prior to the 10 months if in the US there is now waiting period after the divorce?
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