Family Law

Recognition of Foreign Divorces

Family Law

Recognition of Foreign Divorces

If you have been divorced outside Canada, you have to make sure that your foreign divorce is recognized here before you can remarry. As per the Divorce Act, at least one of the spouses must be a resident of the country where the divorce was obtained. There is a process you must follow to get your foreign divorce recognized under Canadian law before you can apply for the license to remarry. In Ontario, for example, you need to submit a request for authorization from the Registrar General in Ontario, along with a notarized copy of the divorce order issued by the foreign court. You also need to submit a legal opinion letter from a divorce lawyer addressed to you and your new spouse, confirming the validity of the foreign divorce. Your signed application for a marriage license and a statement of sole responsibility from you and your new spouse, acknowledging that your marriage license does not supersede the decision of an Ontario court regarding the divorce, must be submitted as well.

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Meeting the criteria for the recognition of foreign divorce

Only after it is confirmed that your foreign divorce meets the requirements under the Divorce Act will you be free to remarry in Canada. When applying for recognition of a foreign divorce, especially when you are planning to remarry, you need to check the following:

One of you must be a habitual resident of that country. This means that either of you must have stayed in that country for more than a year before you initiated the divorce. However, if this is not the case, then you need to prove that you have a “real and substantial connection” with that country. It could be that it is your country of birth, your place of employment, your ownership of property in that country, the fact that you got married there, or even that you spend a lot of time there. The law requires that it should not be a superficial or weak connection. This ensures that one of the spouses did not initiate divorce in a foreign country just to take advantage of their lax laws on spousal and child support or property division.
Divorce order from the foreign court: You must obtain and submit the final order of divorce issued by the foreign court. If the document is not in English or French, it must be translated into one of these languages by a licensed translator, and the translation must be submitted along with the original.
Original marriage certificate: You must submit the original marriage certificate as well. Again, if it is in a foreign language, it must be translated into either English or French.
License application for your remarriage: The application duly filled and signed by both applicants must be submitted.
Statement of Sole Responsibility: This document is to be signed by you and your new spouse if you are planning to remarry. By signing this document, the couple is acknowledging that the validity of their marriage licence is subject to recognition of the foreign divorce by a provincial court in Canada. This means that if the foreign divorce is not recognized for some reason, then the former spouses are still legally married in Canada. You may have to apply for divorce and finalize it here in Canada before you can remarry.
Legal Opinion Letter from a lawyer: The letter from a lawyer addressed to you must provide reasons why the divorce issued by a foreign court is legal and valid under Canadian law. This letter essentially verifies that your divorce, finalized under a foreign jurisdiction, meets the requirements of the Divorce Act in Canada.

All of the above documents must be submitted to the Office of the Registrar General. In most cases, such foreign divorces are recognized without any issues, and your new marriage license is issued without much delay, typically in 4 weeks.

How can a divorce lawyer help you?

While you may submit the application and complete the formalities on your own, it is always best to get the assistance of a divorce lawyer to ensure that your application is not rejected because of any errors or omissions. At any rate, you will require the services of a divorce lawyer to provide you with the legal opinion letter. A divorce lawyer can help you with the following:

Checking your eligibility: If your divorce was finalized in a foreign country, your lawyer will check whether it satisfies the requirements under the Divorce Act and the relevant provincial laws. He will go through the Certificate of Divorce and the circumstances surrounding that divorce.
Confirming the domicile requirement: As mentioned above, at least one of the spouses must be a resident of the country that issued the certificate of divorce, or at least there must be a “real and substantial connection” with that country. You must submit the necessary documents to prove this in court. Your lawyer will scrutinize these documents to ensure that this requirement is satisfied.
Letter of legal opinion: One of the requirements for applying for recognition of a foreign divorce in Canada is the submission of a legal opinion letter from a Canadian lawyer addressed to you confirming that your foreign divorce is valid under Canadian law.
Assistance with applying for recognition of your divorce: If needed, your lawyer can also assist you in submitting the application for the recognition of the divorce in Canada.
Resolution of any remarriage license issues: Only when your foreign divorce is recognized by the marriage registrar in that province will you become legally eligible to apply for a new marriage license. Your lawyer will assist you in meeting the legal requirements necessary for getting the new marriage license.
Assistance with any pending family law issues: A divorce lawyer can be very helpful, especially when your former spouse contests the divorce. This can happen in cases where your former spouse might be trying to get a more favourable outcome in a Canadian court. The divorce lawyer can also help you when they approach the court for the resolution of any pending issues, such as child or spousal support.

Frequently Asked Questions

Will my foreign divorce be automatically recognized in Canada?

No. It will not be. Your divorce must meet the requirements mentioned in the Divorce Act and the provincial laws. As mentioned above, one of the main requirements under the Divorce Act for the recognition of a foreign divorce is that at least one of the spouses must be a resident of that country. You must submit proof to show that you are a habitual resident of that country. This is to discourage “forum shopping,” where one of the spouses might initiate the divorce proceedings in a foreign country just to avoid the stricter spousal support obligations under Canadian law.

What are the documents I need to submit for the recognition of my foreign divorce?

The divorce order issued by the court of that foreign jurisdiction.
You must also submit a legal opinion letter addressed to you by a Canadian lawyer explaining that your foreign divorce is valid under Canadian law.
The proof of your or your former spouse’s habitual residency in that country.

What will be my legal status if my application for recognition of foreign divorce is rejected?

If the application is rejected, then under Canadian law, you are still married to your spouse. You might have to apply again for a divorce here in Canada in order to dissolve the marriage legally. Consult a divorce lawyer and figure out the best legal options available to you.

What are the possible reasons for rejecting a foreign divorce?

While the rejection of the application for recognition of foreign divorce is rare, it can happen in the following cases:

If there is a suspicion of fraud.
If the laws governing child and spousal support and property division in that country are widely different from what is followed in Canada.
If the divorce was initiated by one spouse without giving proper notice to the other.
If the foreign court does not have the jurisdiction to issue the divorce order in the first place. As mentioned above, if at least one of the spouses is a habitual resident of that country, then the court there has jurisdiction to adjudicate on this matter.

We can Help

If you are dealing with any issues regarding the recognition of your foreign divorce in Canada, get in touch with our divorce lawyers for tailored legal guidance. Our experienced lawyers will assist you through the legal process and ensure that you receive the foreign divorce authorization as soon as possible.