The world has become increasingly globalized today; connectivity has been established in every aspect of the global economies. For example, couples who have lived and married abroad may want to end their marriage after relocating to a different country, like Canada. Disputes over recognition arise when the new jurisdiction questions the legal validity of these foreign divorces.
How Does Canada Recognize Foreign Divorces?
In Canada, foreign divorces are not automatically recognized; the divorce must meet certain legal criteria under the Divorce Act, which are as follows:
- The divorce was valid under the laws of that country,
- one or both spouses were “ordinarily resident” in that country for the one-year period immediately before applying for the divorce,
OR
one or both spouses had a “real and substantial connection” with the country at the time the divorce order was granted.
Note that Prenuptial and Postnuptial Agreements of a foreign divorce may not be recognized if it somehow contradicts Canadian public policy, or if the proceedings were done in an unjust manner.
Should you satisfy these above-mentioned conditions, and your divorce is valid according to the laws of the nation where the divorce was granted, it is probable that your divorce will also be acknowledged in Canada. However, if you are uncertain about Canada’s recognition of your divorce, reach out to our divorce lawyers for further clarification!
The recognition of foreign marriages is essential, as it significantly impacts situations of remarriage, asset distribution, or the pursuit of spousal support. Next, we will delve into the case of Sonia V. Ratan, where questions arose about the legality of the couple’s foreign divorce.
Case Study: Sonia v. Ratan (2024 ONCA 152)
In Sonia v. Ratan, a Bangladeshi couple battled among themselves regarding the validity of their divorce. This couple were married in 1998 and had three children together and later, in 2015, the husband and children moved to Canada. Following years, that is, in 2016, the wife was still in Bangladesh when she received the notice of divorce from her husband. This notice was in compliance with the Muslim Family Laws Ordinance of Bangladesh, and it became effective in 2017, shortly after the wife’s arrival in Canada.
After 3 years in 2020, the wife filed for divorce in Ontario under the Divorce Act and sought out spousal support and property equalization under the Family Law Act. The husband defended the claim, arguing they had finalized their divorce in Bangladesh and the wife’s claim was barred. The wife counter argued that the Bangladeshi divorce was procedurally invalid.
Later in 2021, two consent orders were issued that stated that the Bangladeshi divorce is only valid in Bangladesh, and it would not be recognized in Canada, thus a Canadian divorce will also be granted to the couple. On the contrary, the situation drastically changed when it was revealed that the wife had remarried in the year 2020. According to this information, the husband was able to successfully challenge the consent orders because the wife had deliberately not disclosed this critical information in earlier proceedings.
In the end, the court had to rule in favour of the husband because the wife had fraudulently misrepresented herself as unmarried. The court recognized the Bangladeshi divorce as valid under Canadian law and dismissed the wife’s property claims.
Key Takeaways from the Sonia v. Ratan Case:
- The court discovered that the wife had acted in bad faith by hiding the details about her remarriage. This misrepresentation allowed the husband to strengthen his stand in the court.
- Foreign divorces can be recognized in Canada if the courts are satisfied with the legitimacy of the process. For instance, Canada initially did not recognize this Bangladeshi divorce case, but ultimately upheld it due to undeniable facts.
- On a full recovery basis, the court ordered the wife to pay the husband’s legal costs. This acts as a stark reminder that making fraudulent claims or misrepresentations can lead to severe financial consequences.
How to Navigate Foreign Divorce Recognition in Canada?
Foreign divorces can be extremely complex to handle when brought into the Canadian legal system. If you find yourself in a situation where you need a foreign divorce recognized in Canada, it’s crucial to consult with divorce lawyers who specialize in international family law. For the past eight years, Nanda & Associate Lawyers have received the Top Choice Award for Family Law for its sheer excellence. This achievement acts as a testament to our dedication and empathy with which we treat our clients! Reach out to us at 904-405-0199 to know how we can help you navigate your divorce successfully.
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