Previous Relationship Question

[AnxTious 0]

I would appreciate any help you might shed on this issue. I prepared most of the documents for the K1 application but I was told by my fiancee that she needs to get a court document proving her previous relationship has been terminated.

She was not married to the other person; she lived with him for 4 years in the same house, shared bills and all expenses. This is not a divorce proceeding.

She is telling me she needs to get a legal document that would deem her free before I can proceed with the K1 application -- that in Canada if you live with someone for a longer period of time the fact that you are or are not married is of no importance as you are legally tied in the eyes of the courts and government.

Can I really not apply for the K1 based on the fact that she was in a relationship with someone? (no children resulted from their relationship).

I am puzzled.

Thank you very much,

[misa 2]

She was common-law then but there's no law in place that says she needs to get something from court before she can go on to another relationship or get married. You're only legally tied if the other person brings you to court for $$. She's free to marry now.

Who told her that she needs to get a legal document?

Edited January 16, 2007 by misa

[bebop + rocksteady 0]

I don't think the U.S. recognizes common-law marriages for immigration reasons, especially those from other countries.

Cass (bebop the great)

[misa 2]

Usually common-law is only applied in court proceedings when there is a dispute in finances, property or children. Everyone I know that cohabitated with their ex-partners just broke up, moved out and that was it (and later married other people or lived with other people) even when there were joint expenses, etc. There were never any disputes though so nothing every went to court.

[misa 2]

Not sure what province she is in, but this is from a legal advice booklet in Ontario: http://www.cleo.on.ca/english/pub/onpub/PD.../livtogethr.pdf

But a common-law relationship is defined by two people living together as a couple. If you do not live together, you are not considered to be in a common-law relationship. If you have been living together but then stop, you are no longer common-law spouses. You do not have to take any formal steps or legal action in order to end the relationship. Also, no matter how long you live as a couple in a common-law relationship, your common-law status does not change. You never become married unless you go through a legally recognized marriage ceremony. If you live with someone in a common-law relationship, it is important to know the similarities and differences between that and marriage. For example, to secure some things such as an inheritance, or division of property if you separate, you must take extra steps that are not necessary if you are married.