In today’s globalized world, many couples separate or divorce while they’re living outside of Canada. When your family law matter involves court orders from outside the country, the legal process you have to navigate inevitably becomes more complex.
Although Ontario does recognize international divorce orders in most cases, enforcement of provisions across jurisdictions can be a major hurdle.
At Gelman & Associates, our Toronto family lawyers assist clients with enforcing and navigating cross-border divorce orders and family law judgments. To discuss your situation and your legal options in Canada, schedule a consultation with our team today.
How Are Foreign Divorce Orders Recognized in Ontario?
In Ontario, foreign divorce orders are generally recognized so long as they meet certain conditions. This means that you do not have to obtain a Canadian divorce if you have already divorced in another country. Having an international divorce order recognized in Canada is important, as you may not be able to remarry until you obtain a Foreign Divorce Opinion Letter from the court. According to Section 22 of the Divorce Act, a foreign divorce order (or decree) will be recognized in Canada if:
- The divorce is valid according to the laws in its country of origin, and
- One or both spouses lived in the country where the divorce occurred for one full year prior to applying for the divorce
With the help of a family law lawyer, you can file an application for recognition of your divorce with the Superior Court of Justice. To apply, you’ll generally need to:
- Gather Relevant Documentation: This may include your original divorce order, your previous marriage certificate, and a Statement of Sole Responsibility. It is important to be diligent about submitting your paperwork, as missing documents or errors can delay the process.
- File Your Application: This can be done online or by contacting the Superior Court of Justice at a location in person.
- Attend a Court Hearing: Depending on the circumstances of your case, the court may require that you attend a hearing to determine whether your order will be recognized in Ontario.
- Wait for a Decision: The court will review your application and the supporting documentation you provided. They will issue a decision about whether the foreign divorce will be recognized in Ontario and what your legal status will be.
What Happens if My Foreign Divorce Order is Not Considered Valid in Ontario?
Although rare, it is possible that a Canadian court will not recognize a foreign divorce order. This may happen in cases where:
- One party was not notified of the divorce proceedings in the foreign country
- Fraud is suspected to have been present
- Divorce laws or family law orders in the foreign country are deemed to be too inconsistent with Canadian public policy or law
- Residency obligations in the foreign country were not met by either you or your former spouse
- The foreign court did not have proper jurisdiction to grant the divorce
This scenario can cause significant problems. For example, if you own property in Ontario that you do not want to split with your former spouse, or you have a custody arrangement you need enforced. You may encounter issues with:
- Your Legal Status: As previously mentioned, you cannot obtain a new marriage license in Ontario if your foreign divorce has not been validated through a Foreign Divorce Opinion Letter. There may be other issues when it comes to filing taxes or other documentation if your marital status has not officially changed in Canada.
- Issues With Property: If your divorce is not recognized in Ontario, property you own may still be considered a joint asset. If you own a house in Ontario you want to sell, your ex may still be legally entitled to the profit, even if you’ve been separated for a long time.
- Custody & Support Issues: If your foreign divorce outlined a decision-making responsibility and parenting time arrangement, it may not be enforceable in Ontario if your divorce is not recognized. You may also encounter issues obtaining child support payments if you are not considered to be divorced in the province.
How Can a Family Lawyer Help With a Foreign Divorce Order?
If you need to have your foreign divorce order recognized in Ontario, it is recommended that you speak with a family lawyer about your situation as soon as possible. Even if your circumstances seem straightforward, a legal professional will be able to gather all the paperwork you need and file your application in a timely manner.
If there is a dispute about your court order’s validity, a lawyer can also help. They can represent you in court and collect additional documentation to argue why your divorce should be recognized in Canada. If you have property to divide or a custody arrangement you need implemented, they can navigate enforcement for you while protecting your rights.
For example, if your divorce is not recognized and your ex tries to claim ownership of a property you want to sell in Ontario, your lawyer will make sure that equalization proceeds fairly. If the custody agreement you reached in a foreign jurisdiction doesn’t align with Canadian family law practices, they can help you translate it to fit local requirements.
Call Gelman & Associates Today For Support With Your Divorce
Dealing with multiple legal systems across jurisdictions can be time-consuming and complicated. When you get divorced, regardless of where it occurred, you should be able to have that reflected while you live in Ontario. Depending on your situation, a family lawyer can help you make sure your family law order is recognized in the province where you live, so you can move on with your life.
At Gelman & Associates, our family law lawyers in Toronto help couples navigate cross-border separation and divorce issues. From enforcing international judgments to protecting your assets, we’re ready to help. Contact us today for legal guidance.
