Your Future Husband – His Marital Status
In Canada, the legal terms used to describe a person’s marital status are single, married, common-law, separated, or divorced.
Single – someone who is not presently and has never been legally married.
Married – someone who is currently legally married according to Canada’s marriage laws.
Common-law – someone who is not legally married but who has been living with a partner consecutively for at least one year and who receives the same rights and benefits under Canadian law as a married spouse.
Separated – someone who is married but currently living apart from his or her spouse due to a marriage breakdown.
Divorced – someone who was legally married but has since gone through the courts to end that marriage. The divorce process has to be recognized in Canada.
In order to marry you and sponsor you to Canada, your husband-to-be can be either single or divorced. If he is currently married, living in a common-law relationship, or separated, he will not be able to marry you in Canada or sponsor you until his previous relationship is considered ended according to Canadian law.
There are also some types of marriages that Canada does not recognize as legal. These include polygamous marriages (polygamy) and Mut’a marriages.
Your Marital Status
The same laws apply to you as well. If you are currently married or separated in your home country, you cannot marry another person and be sponsored to Canada. If you are divorced, the divorce must be legal both in your home country and in Canada.