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rrider

Certificate of Legal Capacity to Contract Marriage

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rrider

 I have a friend in Ontario who needs to get a  Certificate of Legal Capacity to Contract Marriage, To get one he needs an original or certified true copy of the final divorce decree, which he doesn't have, ((he's been divorced for over 40 years).  when he phoned whoever it was to get a divorce decree, they wanted his ex's birthday, which after 40 years he can't remember, and they say they can't look for it unless they have the birthday. So, after 40 years, do you need to get the Certificate of Legal Capacity to Contract Marriage? and if so, how the heck do you get a copy of your divorce certificate  from 40 years ago? 

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Headshot

No idea in Canada. In the US, you go to the county clerk in the county where the divorce decree was issued.

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bkb1

Try going to the DMV, have them do a search, if nothing turns up they will give you a doc. stating so. Then get your Certificate of Legal Capacity to Contract Marriage from the Canadian embassy in Manila...

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rrider
21 minutes ago, bkb1 said:

Try going to the DMV, have them do a search, if nothing turns up they will give you a doc. stating so. Then get your Certificate of Legal Capacity to Contract Marriage from the Canadian embassy in Manila...

What's DMV?

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bkb1
2 minutes ago, rrider said:

What's DMV?

Department of motor vehicles.

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rrider

They do a divorce search at the department of motor vehicles?

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rrider

bkb1 ,Try going to the DMV, have them do a search, if nothing turns up they will give you a doc. stating so. Then get your Certificate of Legal Capacity to Contract Marriage from the Canadian embassy in Manila...Have you done this?

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Ozepete

Can't your 'friend' contact his ex or someone from her family or a friend for the DOB?  :scratch_head:

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Paddy
7 hours ago, rrider said:

when he phoned whoever it was to get a divorce decree,

Perhaps he’d do better with a personal visit to “that office” where he could satisfy the searcher of his own identity. 

 

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to_dave007

I'm also from Ontario..  and I have Ontario friend here in Cebu who is retired Ontario Attorney

https://www.attorneygeneral.jus.gov.on.ca/english/family/divorce/documentation/  

Plus I agree with Ozepete..  have someone contact ex wife family and get her DOB if needed..  seems like small problem.

Edited by to_dave007
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rrider

Thank You Ozepete and Paddy, I asked him that very question, he said after 40 years he has lost track of her and her whereabouts  and he said as far  he knows she could be dead. and do you think wanting his ex's BD is proof of his identity? I kind of wonder why he'd even needs a capacity to marry certificate, what do guys need if they haven't ever been married?

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rrider

Thanks to_dave007, I forwarded the link to my friend,  he has no idea where his ex, or her family is. 40 years is a lot of water under the bridge lol

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Bama

Not sure about Canada but what about income tax returns from that time period? The ex's DOB might be on them.

Can previous years tax returns be ordered (for a fee I'm sure) from the Canadian gov?...........IDK.

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rrider

Good idea, Thanks I'll tell him that, 

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Jawny

There is a recent thread about this same issue (need for the certificate). Check the archives and you’ll get more info if the marriage can take place absent the divorce decree.  As far as the marriage process, it can take place without the divorce decree.  However, if I recall the details of the thread in LinC there is a risk of being found out if the couple should decide to immigrate. Even a request for a visa might generate problems. 
 

There are many websites that offer services to obtain a date of birth.  Even Facebook might be a source.

 

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