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    I want to remarry in my own religion but my spouse is preventing it. Is there anything I can do about this?
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    Yes, the Divorce Act deals with cases where the parties are before the court in a divorce proceeding and one of the spouses is refusing to remove a barrier to the remarriage of the other spouse in that person's religion. If the removal is within the first spouse's control the court may, subject to terms it considers appropriate, dismiss any application filed by the refusing spouse or strike out any of the pleadings or affidavits of that spouse. That can be quite severe if the other spouse is seeking or opposing support or such things as a division of property or an equalization payment.

    The Divorce Act does not apply where the power to remove the barrier to a religious remarriage lies with a religious body or official. The court may also refuse to exercise its jurisdiction where the refusing party files an affidavit indicating genuine grounds of a religious or conscientious nature for the refusal and satisfies the court that there are genuine grounds of a religious or conscientious nature for refusing to remove the barrier.

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