Key takeaways
People who marry or divorce outside Canada often ask whether that divorce “counts” here. It is an important question: whether Canada recognizes a foreign divorce affects your ability to remarry in Canada and can affect property and support claims. The good news is that Canada recognizes many foreign divorces, but not automatically in every case.
Under Canada’s Divorce Act, a divorce granted in another country is generally recognized if either former spouse was ordinarily resident in that country for at least one year immediately before starting the divorce proceeding. Canadian courts may also recognize a foreign divorce where there was a real and substantial connection between the spouses and the country that granted it.
A foreign divorce may not be recognized if neither spouse had a genuine connection to the country that granted it, if the process denied a spouse fair notice or the opportunity to participate, or if recognizing it would offend basic principles of justice. “Quick” divorces obtained in a country where neither party truly lived are the most likely to be questioned.
If your foreign divorce is valid in Canada, you are free to remarry here and are no longer legally married. If it is not recognized, you may still be considered married under Canadian law, which affects remarriage and can affect estate and property rights. Before remarrying, it is wise to confirm your status.
Even where Canada recognizes the foreign divorce itself, Ontario law may still govern the division of property or support if the parties have sufficient connection to Ontario. A foreign divorce does not necessarily resolve financial claims that fall under Ontario law.
Because these cases turn on residence, connection, and the fairness of the foreign process, a short legal opinion can save significant trouble later, especially before remarriage or an estate matter.
Generally yes, if either former spouse was ordinarily resident in that country for at least one year immediately before starting the divorce, or where there was a real and substantial connection to that country under the Divorce Act.
If your foreign divorce is recognized in Canada, you are free to remarry. If it is not recognized, you may still be considered married under Canadian law, so it is wise to confirm your status first.
Not necessarily. Even where the divorce itself is recognized, Ontario law may still govern the division of property or support if the parties have a sufficient connection to Ontario.
This article is general information and is not legal advice. To confirm whether your foreign divorce is recognized, contact Tailor Law.