Grarr! Fecking Governments!

So the wedding is on more or less indefinite hold.

Immigration application is on more or less indefinite hold.

Divorce is more or less on indefinite hold.

Former partner and I, both Canadian citizens, married in Canada…but left the country in 2001 to spend a few years in Norway. Split, I bugged off and spent a while in London (as a visitor), he remained in Norway. Then I moved to Australia on a year long visa.

None of the countries involved, it seems, will grant us a divorce; even though we have been separated for years, and want a no muss no contest divorce with no mucking about to divide assets. That’s all sorted. We just need a judge to proclaim us no longer married.

Norway is the only country I have ever heard of who require that the government be notified formally of a separation. And, due to obvious barrier of language, we were not aware of this and therefore did not lodge an official notification about our separation agreement signed and witnessed back in 2003. When they were approached a few months back to grant the divorce, the clerk told my former partner that notification of the separation should have been launched, but then gave him all the papers for filing divorce anyhow, telling him to attach a copy of our separation agreement. The implication was since we were non citizens, who did not get married in Norway and were unawares, they would accept divorce application.

Only after filing the divorce application, they would not process it and grant a divorce. Instead, they want a separation application launched, and then, a year from now, they will consider the divorce application. Now; the Norwegian government maintains strict controls on their borders, and stricter controls still on non-nationals entering and leaving the country. They KNOW when I left the country. They KNOW, therefore, that we have been physically separated by distance.

Canadian law states that to file for a divorce in Canada, one of the parties in question must reside for a period of 12 months in the province in which they file, immediately before the application is filed. Despite being Canadian citizens, who hole NO citizenship in any other country on the planet, we can’t file in Canada because we have not resided there since 2001.

Australian law states that to file here you must be a citizen or consider Australia your permanent home (this to allow for permanent resident who do not take full citizenship). And you know what? If I could get a bloody divorce Australia WOULD become home, as I would be immediately marrying an Aus citizen and remaining here.

How’s that for a right royal headache?

It’s sad that in this global age, when humans move about the planet for work and pleasure, there are not considerations made for processing legal arrangements such as divorce. Instead, the various governments involved wind up causing situations wherein people remain bound to a former partner, both unable to formalize relationships with new partners, and new partners (like the boi) are forced to move from their home country in order to stay with their partner, who remains unable to apply for immigration while thusly bound to former partner.

The solution? I think embassies in foreign countries should be allowed to assess applications for things like divorce for citizens abroad. Not necessarily be allowed to grant divorce, but to assess individually and recommend application be heard in home country in absentia.

Madness.