Are foreign divorces recognized in Canada?

In Canada, foreign divorces may be recognized in certain circumstances, including if either spouse was habitually resident in the foreign country for at least a year before the divorce proceeding began, or where there is a real and substantial connection to the foreign country.
If one of the enumerated circumstances applies, the foreign divorce is presumed to be valid. However, there are several defenses to recognition, including the following:
- Natural justice
- Fraud
- Public policy
- Unfair forum shopping
Courts in several provinces have also held that “recognition” of a foreign divorce prevents a Canadian court from ordering “corollary relief”, which includes child and spousal support. In other words, courts can order corollary relief only in conjunction with a Canadian divorce.
Thus, in much of Canada, former spouses who divorced abroad can only advance child and spousal support claims under provincial/territorial legislation. Generally, courts can award child support in the face of a foreign divorce order in several circumstances, including where the order was silent on the issues of child support. However, the recognized circumstances vary by jurisdiction and are complicated by interjurisdictional support order legislation.
For spousal support, some provinces and territories do not allow “former spouses” to claim spousal support. This means if you were divorced abroad, you may not be able to claim spousal support in Canada. In addition, in some provinces, property division or equalization for married spouses is unavailable to a “former spouse”, including a former spouse who divorced abroad.
Thus, depending on the province/territory, recognition of a foreign divorce carries serious financial consequences, which creates a strong incentive to litigate the validity of foreign divorces. For most people, the underlying motivation in litigating the recognition of a foreign divorce is not about the divorce itself, but to prevent a situation where the claimant is barred from seeking support or property relief, due to the foreign divorce.
At Melekhovets Law, we can help you navigate this complex issue and advise you on the best route to take under Canadian and Ontario legislation.