Do I Need to Get Divorced Again in Canada After a Foreign Divorce?

Foreign divorce certificate reviewed to determine whether another divorce is needed in Canada

Last updated: October 16, 2026

No, you generally don't need to get divorced again in Canada if your foreign divorce is legally recognized here.

If you were divorced in another country and later moved to Canada, your divorce doesn't become invalid simply because you've relocated.

However, Canadian law must recognize the foreign divorce. If it doesn't, you may still be considered legally married in Canada.

Does Canada recognize divorces from other countries?

Yes. Canada recognizes many foreign divorces, provided they meet the applicable legal requirements.

Under section 22 of Canada's Divorce Act, one common basis for recognition is that either former spouse was habitually resident in the country or relevant subdivision where the divorce was granted for at least one year immediately before the divorce proceedings began.

Other legal grounds for recognition may also apply.

For example, if you lived in Turkey for several years, obtained a divorce there and later moved to Ontario, you would not normally need another divorce just because you now live in Canada, assuming the Turkish divorce is recognized under Canadian law.

For a closer look at the rules, read Is a Foreign Divorce Recognized in Canada?.

What if my foreign divorce isn't recognized in Canada?

If Canadian law does not recognize your foreign divorce, you may still be legally married here.

That could affect your ability to remarry and other matters involving your marital status.

But don't assume you need another divorce simply because you don't meet the one-year residency rule.

Canadian law allows for other grounds of recognition. For example, a meaningful connection with the country that granted the divorce may be relevant.

An Ontario family lawyer can assess whether your existing divorce is recognized before you consider further proceedings.

Can I apply for a Canadian divorce if my foreign divorce isn't recognized?

Potentially, yes.

If your foreign divorce cannot be recognized and you remain legally married under Canadian law, applying for a Canadian divorce may be an option.

However, you must meet the requirements for a Canadian court to hear your divorce.

Generally, under section 3 of the Divorce Act, either spouse must have been habitually resident in the province where the divorce application is filed for at least one year immediately before the proceedings begin. Other requirements also apply.

See Justice Canada's guide to applying for divorce.

Before starting a new divorce application, it's worth having a lawyer review the foreign divorce. You may already be legally divorced in Canada.

What if I want to remarry in Ontario?

If your previous marriage ended in a divorce outside Canada, Ontario generally requires a Foreign Divorce Authorization before issuing your marriage licence.

This is different from getting divorced again.

As part of the authorization process, you'll need a legal opinion letter from an Ontario lawyer explaining why your foreign divorce should be recognized.

The lawyer reviews your foreign divorce documents and the circumstances of the divorce. If the legal requirements are met, the opinion letter can support your application for Foreign Divorce Authorization.

Ontario's marriage-licence requirements are explained on the Ontario government website.

You can also read What Is a Foreign Divorce Authorization in Ontario?.

What should I do if I'm unsure whether my divorce is valid in Canada?

Start by gathering your foreign divorce certificate or decree and any related documents.

A lawyer may also need to know where you and your former spouse lived before the divorce, when the proceedings began and which authority granted the divorce.

If you're planning to remarry in Ontario, it's better to resolve any recognition concerns before setting a wedding date.

You may only need a legal opinion letter and Foreign Divorce Authorization rather than a new divorce proceeding.

Frequently Asked Questions

Do I need another divorce if I was divorced in India, Pakistan or Turkey?

Not simply because the divorce was granted in one of those countries. The question is whether the divorce is recognized under Canadian law. The circumstances and the legal process used abroad matter.

Do I need to register my foreign divorce in Canada?

Generally, there is no separate registration requirement simply because you moved to Canada. However, you may need to establish that the divorce is recognized for a particular legal purpose.

See Do I Need to Register My Foreign Divorce in Canada?.

Can I remarry in Ontario using my foreign divorce certificate?

The certificate is part of the documentation, but it is generally not enough by itself. Ontario normally requires Foreign Divorce Authorization, including an Ontario lawyer's legal opinion letter, before issuing a marriage licence following a divorce outside Canada.

Need Help With Your Foreign Divorce in Ontario?

If you were divorced outside Canada and are planning to remarry in Ontario, you may not need another divorce. You may simply need to establish that your existing divorce is recognized.

ForeignDivorceOpinion.com is operated by ABALAW Professional Corporation, a licensed Ontario law firm. We review foreign divorce documents and prepare legal opinion letters for Ontario Foreign Divorce Authorization applications.

Start Your Foreign Divorce Review →

This article provides general legal information, not legal advice. Whether a foreign divorce is recognized depends on the applicable law and individual circumstances.

What to do next

Gather the foreign divorce document, any certified translation, government identification, and the details required for the Ontario marriage licence application. If the document package is complete, the review can focus on preparing the foreign divorce opinion letters required for the Ontario process.

This article is general information, not legal advice.

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