If you’ve obtained a Divorce Order outside Canada, you might be wondering if your divorce is valid here in Ontario. The good news is that Ontario often recognizes foreign divorces, but there are a few key factors to consider. Let’s break it down in simple terms.
How Does Ontario Recognize Foreign Divorces?
Under Canadian law, specifically Section 22 of the Divorce Act, Ontario can recognize Divorce Orders granted in other countries. This recognition is based on fairness, proper legal processes, and whether the country granting the Divorce Order had good reasons to do so.
What Makes a Foreign Divorce Valid in Ontario?
Ontario courts look at several factors to decide if a foreign divorce should be recognized. These include:
- Both parties were involved. If both spouses agreed to the divorce and participated in the process, that’s a good sign.
- The process followed the law. The Divorce Order must have been granted by a legal authority in the foreign country, and the process must comply with that country’s laws.
- No unfairness or fraud occurred. There should be no evidence of fraud, or that one party was denied a fair opportunity to present their case.
- It doesn’t go against Canadian public policy. For example, the divorce shouldn’t involve conflicts with fundamental Canadian values.
Connections to the Country Where the Divorce Happened
Ontario also considers whether you and/or your former spouse had a real and substantial connection to the country where the Divorce Order was granted. This could include:
- Being a citizen or permanent resident of that country;
- Living there for a significant amount of time;
- Having family or other ties to the country.
Even if you’ve built stronger ties to Canada since the Divorce Order was granted, what matters is your connection to the granting country at the time of the Divorce Order.
What If My Divorce Doesn’t Meet These Criteria?
In rare cases, Ontario may not recognize a foreign divorce, such as if it was obtained fraudulently, if the granting country didn’t have proper jurisdiction, or if one of the spouses was not notified or given the opportunity to participate in the process. If you’re unsure about your situation, consulting a lawyer can help clarify whether your divorce meets Ontario’s recognition standards.
Moving Forward
Having your foreign divorce recognized in Ontario can be straightforward if you meet the legal requirements. If you’re dealing with this situation, gather all relevant documentation and seek legal advice to ensure the process goes smoothly.
Need assistance? Our team is here to help you navigate the process and answer any questions you may have.
Written by Manuela Fontana – Law Clerk for our Business and Estates Law groups.
