Foreign Divorces and Canadians PDF  | Print |
Written by The Editors   
Wednesday, 24 June 2009 17:40
You and your spouse have separated and now your spouse has left Canada and obtained a foreign divorce. Is this divorce legal in Canada?

A divorce obtained in a country other than Canada is a valid and effective divorce in Canada as The one-year residence rule eliminates “quick divorce” havens.long as one of the spouses had a “real and substantial connection” with the country granting the divorce.

The Canadian Divorce Act requires that the person getting the foreign divorce has been “ordinarily resident” in the country granting the divorce. This means that the foreign country has been his or her place of usual residence for at least one year immediately before starting the divorce proceedings.

If that requirement is not met, then Canadian law does not recognize the foreign divorce and considers the spouses to be legally married. Neither one of the spouses can get remarried in Canada.

It’s the law

In some provinces or territories, you may be required to get a lawyer’s opinion on the validity of your foreign divorce in order to get a licence for remarriage.

 

Featured Book

do-the-web-write-cover-largeThe hardest part of making a successful website isn’t “making” it—you can hire someone to do the design and coding. The hardest part is writing great content that will attract readers and keep them coming back. Do the Web Write is a complete guide to writing (and running) a successful website. Learn how to determine what pages you should have on your website and how best to write them, and learn about every “must have” page you need and how to prepare it.

Find the book in our American and Canadian stores and learn more.

Did You Know?

We supply downloadable kits of forms and instructions: