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NSW Justice of Peace in BC Canada for Australian Divorce Papers

Discussion in 'Family Law Forum' started by Dani, 1 September 2014.

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  1. Dani

    Dani Member

    28 July 2014
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    Hi! I'm hoping someone here will be able to help me. I've Googled like crazy and can't work it out.

    I'm in the process of getting a divorce from my husband who is in Canada. All the legal documents are on the way over there to my friend who will be serving him. These have to be then signed / witnessed by a Justice of the Peace. I'm trying to locate one for her, to make the process as easy for her as possible. I can't seem to find one though! Are they called something else over there? I know that another option is to have a lawyer witness it, but I don't know if they charge for this service and I can't afford a huge bill.

    Please, please, please, help!!!
  2. John R

    John R Well-Known Member

    14 April 2014
    Likes Received:
    Hi @Dani,
    1. I assume that you are sending the documents over because, following the Family Court's Divorce Service Kit, you are not confident that your husband will acknowledge service of the documents.
    2. As a starting point, you may consider getting confirmation from the Family Court of Australia on 1300 352 000 for the list of professions in British Columbia (BC), Canada that are authorised to witness affidavits for the Family Court of Australia.
    3. My limited understanding is that a Notary Public is generally required to witness international affidavits. If so, BC Notaries has a Find a Notary service that may assist you. Assuming that Notaries in BC operate similar to Australia, you should set aside AUD$100-300 for the witnessing of such documents.
    4. You may also consider calling the Law Society of NSW Registry on (02) 9926 0156 to ask whether they know of any lawyers in British Columbia that also hold a current NSW practising certificate.
    Hope this helps. Please keep us updated with your progress.
    Sarah J and Tim W like this.

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