Last updated: September 28, 2026
If you are trying to determine whether a divorce from another country will be recognized in Canada, you may come across the phrase “habitually resident.”
It appears directly in section 22(1) of Canada's Divorce Act.
Under that provision, a foreign divorce granted by a competent authority shall be recognized for determining marital status in Canada if either former spouse was habitually resident in the country—or relevant subdivision—of that authority for at least one year immediately before the divorce proceedings began. Department of Justice Canada
But what does “habitually resident” actually mean?
It should not be reduced to a single fact such as citizenship, owning a home, having an address or holding a particular visa. The question is about where a person was actually habitually residing during the relevant period.
And if your situation is not straightforward, the answer may require looking at the circumstances rather than checking a single box.
Why does habitual residence matter for a foreign divorce?
Habitual residence matters because it forms part of one of Canada's principal statutory rules for recognizing foreign divorces.
Section 22(1) of the Divorce Act provides that a qualifying foreign divorce shall be recognized if either former spouse was habitually resident in the relevant country or subdivision for at least one year immediately before commencement of the divorce proceedings. Department of Justice Canada
This creates an important connection between the spouse and the jurisdiction granting the divorce.
For someone who lived in the country for years before beginning the divorce, the residence history may be straightforward.
For someone who was living in Canada while obtaining a divorce from another country, recently moved, maintained homes in two countries or travelled extensively, the issue can require closer attention.
What does “habitually resident” mean in plain language?
In this context, think of habitual residence as being concerned with where the person was actually living on an established basis during the relevant period, rather than simply what citizenship they held or what address appeared on a document.
That does not mean there is one universal factual checklist that decides every case.
Questions about a person's residence can become fact-specific, particularly where their life was divided between jurisdictions.
That is why an Ontario lawyer reviewing a foreign divorce may ask about the person's actual living arrangements and timeline instead of simply asking:
“Which country's passport do you have?”
Is habitual residence the same as citizenship?
No.
Section 22(1) refers to habitual residence, not citizenship. Department of Justice Canada
A Canadian citizen can habitually reside outside Canada.
A citizen of another country can habitually reside in Canada.
And someone may be a citizen of the country that granted the divorce while actually having lived elsewhere for years.
For example, imagine someone remains a citizen of Country A but has been living in Ontario for several years. If that person then obtains a divorce from an authority in Country A, their citizenship alone does not establish that they were habitually resident there for the one-year period described in section 22(1).
The actual residence circumstances still matter.
Is habitual residence the same as permanent residence or immigration status?
Not necessarily.
Canadian permanent residence, a foreign residence permit, work authorization or another immigration status can be relevant background information, but immigration status should not automatically be treated as synonymous with habitual residence.
The statutory question in section 22(1) is where either former spouse was habitually resident for the relevant one-year period. Department of Justice Canada
A person's legal permission to live somewhere and where they were actually habitually residing are related questions in some cases, but they are not automatically identical.
Is habitual residence the same as having an address?
No.
An address can be evidence of where someone lived, but an address by itself does not necessarily resolve the issue.
People can have:
- a family address in one country;
- a mailing address somewhere else;
- property in another jurisdiction;
- temporary accommodation for work;
- more than one residence; or
- an address that remains on official documents after they have moved.
That is why the underlying circumstances can matter more than simply pointing to an address printed on an identification card.
Does owning a home in another country make me habitually resident there?
Not automatically.
Owning property is not the statutory test.
Someone can own a home in another country without actually living there on a habitual basis.
Conversely, a person can habitually reside somewhere while renting and owning no property at all.
Property ownership may be one fact in a larger factual picture, but it should not be treated as a shortcut for answering the habitual-residence question.
Do I have to be physically present in the country every day for one year?
Section 22(1) does not say a person must remain physically inside the country every single day for 365 consecutive days.
It says the former spouse must have been habitually resident there for at least one year immediately before the divorce proceedings began. Department of Justice Canada
Ordinary travel therefore should not automatically be confused with changing habitual residence.
For example, someone who genuinely lives in one country but takes vacations or business trips elsewhere does not necessarily stop being habitually resident there every time they cross a border.
On the other hand, extensive movement between countries or a recent relocation may make the factual picture less obvious.
What if I split my time between two countries?
This is where a simple answer becomes less reliable.
Someone might:
- own or rent homes in two countries;
- work in one country while family remains in another;
- spend extended periods in both places;
- move back and forth regularly; or
- be in the middle of relocating when divorce proceedings begin.
In those circumstances, simply counting trips may not tell the whole story.
A lawyer may need to understand the broader living arrangement and timeline before determining how the habitual-residence issue affects the foreign-divorce recognition analysis.
Were you living between Canada and another country before your foreign divorce?
You do not need to decide for yourself whether your residence history satisfies the recognition rules.
ForeignDivorceOpinion.com is a service of ABALAW Professional Corporation. Our Ontario family-law team can review the foreign divorce documents and relevant residence history before preparing the required legal opinion.
Submit Your Foreign Divorce for Review →
Why do some websites say “ordinarily resident” instead?
You may find older Canadian legal materials using the phrase “ordinarily resident” rather than “habitually resident.”
There is a reason for that.
The English wording of section 22(1) was amended effective March 1, 2021. The former wording referred to a spouse being “ordinarily resident”; the current provision says “habitually resident.” Ministère de la Justice
Justice Canada explains that this was a technical amendment intended to improve clarity and that it did not change the substance of the provision. Ministère de la Justice
See Justice Canada's Divorce Act Changes Explained.
So an older case or legal resource using “ordinarily resident” is not necessarily discussing an unrelated rule.
For current content, however, the statutory terminology should be habitually resident.
How long do I need to be habitually resident there?
For the recognition route in section 22(1), the period is at least one year immediately preceding the commencement of proceedings for the divorce. Department of Justice Canada
Two parts of that sentence matter.
First, it is at least one year.
Second, the period is measured immediately before the divorce proceedings started.
It is not simply one year before the divorce certificate was printed or the divorce became final.
For a deeper explanation, see The One-Year Residency Rule for Foreign Divorces in Canada.
Does it have to be me who was habitually resident there?
No.
Section 22(1) says either former spouse. Department of Justice Canada
That distinction can completely change the initial analysis.
For example:
You may have been living in Ontario.
Your former spouse may have continued living in the country where the divorce was eventually obtained.
If your former spouse satisfies the applicable one-year habitual-residence requirement, your own residence in Canada does not automatically prevent section 22(1) from applying.
This is why a lawyer may ask about both spouses' residence histories, not only yours.
When is habitual residence measured?
The relevant period under section 22(1) is immediately before the commencement of the divorce proceedings. Department of Justice Canada
Suppose:
January 2023: you are living in Country A.
July 2024: divorce proceedings begin in Country A.
October 2024: you move to Canada.
February 2025: the foreign divorce becomes final.
The key section 22(1) residence period is tied to July 2024, when the proceedings began—not February 2025, when the divorce became final.
Moving during the divorce proceeding therefore does not automatically answer whether the preceding habitual-residence requirement was satisfied.
What if I moved shortly before filing for divorce?
Timing can become important.
If you recently moved to the country where the divorce proceeding was started, the question is not merely whether you lived there on the filing date.
Section 22(1) requires the applicable habitual residence to have existed for at least one year immediately before commencement of the proceedings. Department of Justice Canada
So someone who moved there only a few months before starting the divorce may not satisfy that particular statutory route based on their own residence.
But their former spouse's residence may still matter.
And even if neither spouse satisfies section 22(1), that does not necessarily end the recognition analysis.
What if neither spouse was habitually resident there for one year?
This is the critical qualification.
If neither former spouse satisfies the one-year habitual-residence requirement, the divorce may fall outside the straightforward recognition route in section 22(1).
That does not automatically mean the divorce cannot be recognized in Canada.
Section 22(3) expressly preserves other rules of law concerning recognition of foreign divorces. Department of Justice Canada
So the correct question becomes:
Is there another legal basis on which this foreign divorce can be recognized?
That can require a more detailed legal analysis.
What information can help determine habitual residence?
When residence is genuinely in issue, a useful starting point is an accurate timeline.
A lawyer may ask questions such as:
- Where were you actually living?
- When did you begin living there?
- When did the divorce proceeding start?
- Where was your former spouse living?
- Did either of you move shortly before or during the divorce?
- Were you maintaining significant living arrangements in more than one country?
- Was your stay somewhere clearly temporary, or had you established your life there?
Depending on the circumstances, supporting records may also become relevant.
The point is not to produce every document connected to your life.
It is to establish the facts necessary to assess the residence issue accurately.
What documents might help if my residence is unclear?
The appropriate evidence depends on what is actually disputed or unclear.
Depending on the case, potentially relevant records could include documents connected with:
- housing;
- employment;
- immigration status;
- government records;
- travel;
- schooling;
- taxation;
- utilities; or
- other evidence of actual living arrangements.
But none of these should be treated as a universal checklist or as automatically decisive.
For a straightforward case, extensive evidence may not be necessary at all.
If additional proof is needed, the lawyer reviewing the foreign divorce can identify what information is relevant rather than having you collect documents indiscriminately.
What if I was living in Canada but divorced in my country of citizenship?
This scenario deserves particular attention.
Imagine that you moved to Ontario several years ago but later obtained a divorce from your country of citizenship without returning there to live for the preceding year.
Your citizenship does not substitute for the habitual-residence requirement in section 22(1).
If your former spouse also did not satisfy the applicable one-year requirement, the divorce may not fit the straightforward section 22(1) recognition route.
But once again, that is not the same as saying the divorce can never be recognized in Canada.
Section 22(3) preserves other recognition rules. Department of Justice Canada
This is the type of circumstance where obtaining an individualized recognition analysis before remarrying in Ontario becomes particularly important.
What if my ex-spouse stayed in the country but I moved to Canada?
This may be much more straightforward.
If your former spouse remained habitually resident in the country or relevant subdivision for the required one-year period immediately before the divorce proceeding began, section 22(1) can potentially be satisfied through their residence.
Remember:
Either former spouse can satisfy the requirement. Department of Justice Canada
You do not necessarily need to prove that both of you lived there.
Is habitual residence only relevant to foreign divorces?
No.
The concept appears elsewhere in Canadian family law.
For example, section 3(1) of the Divorce Act provides that a Canadian court in a province has jurisdiction to hear a divorce proceeding if either spouse has been habitually resident in that province for at least one year immediately before the proceeding begins. Department of Justice Canada
That is a different application of the concept.
For this article, however, we are concerned specifically with section 22 and recognition of a divorce already granted outside Canada.
Why does habitual residence matter when remarrying in Ontario?
Because someone who was previously divorced outside Canada may need Ontario's Foreign Divorce Authorization before an Ontario marriage licence can be issued.
Part of that process involves obtaining a legal opinion letter from an Ontario lawyer explaining why the foreign divorce or annulment should be recognized.
If section 22(1)'s habitual-residence requirement clearly applies, it can provide an important basis for that recognition analysis.
If the residence history is unclear—or section 22(1) does not appear to apply—the lawyer may need to examine the case more closely.
For the broader recognition framework, see Is a Foreign Divorce Recognized in Canada?.
For the Ontario remarriage process, see Can I Remarry in Ontario After a Foreign Divorce?.
Habitual residence: quick examples
| SituationWhat to consider | |
| Lived and worked in the country for several years before filing | Habitual residence may be relatively straightforward |
| Citizen of the country but lived in Canada for years | Citizenship alone does not establish habitual residence |
| Own a vacation property abroad | Property ownership alone does not answer the question |
| Travelled during the year but continued living primarily there | Travel does not necessarily end habitual residence |
| Recently moved there before filing | The one-year period requires closer attention |
| Ex-spouse lived there for years but you lived in Canada | Either former spouse can potentially satisfy s.22(1) |
| Split substantial time between two countries | Facts may require closer analysis |
| Neither spouse lived there for the preceding year | Other recognition rules may need to be considered |
Frequently Asked Questions
What does habitually resident mean for a foreign divorce?
It refers to the residence concept used in section 22(1) of the Divorce Act. The person's actual living circumstances are relevant; it should not automatically be equated with citizenship, property ownership or a mailing address.
Is habitual residence the same as citizenship?
No. Section 22(1) uses habitual residence, not citizenship, as the relevant residence test. Department of Justice Canada
Is habitual residence the same as permanent residence?
Not automatically. Immigration status and habitual residence are distinct concepts, although immigration records may sometimes form part of the factual background.
Can I travel during the one-year period?
Travel does not necessarily mean a person stopped being habitually resident somewhere. The question concerns the person's residence circumstances, not merely whether they crossed a border.
Does my ex-spouse's habitual residence count?
Yes. Section 22(1) expressly refers to either former spouse. Department of Justice Canada
Is the year counted before my divorce became final?
No. For section 22(1), the one-year period immediately precedes the commencement of the divorce proceedings. Department of Justice Canada
What if neither of us was habitually resident there for a year?
The divorce may not fit section 22(1)'s straightforward statutory route, but that does not automatically mean it cannot be recognized. Section 22(3) preserves other recognition rules. Department of Justice Canada
Unsure Where You Were “Habitually Resident” for Your Foreign Divorce?
You do not need to resolve the legal meaning of habitual residence before asking for help.
If you were living between countries, recently moved before the divorce, or obtained the divorce from your country of citizenship while living in Canada, the residence history may need closer review.
ForeignDivorceOpinion.com is a service of ABALAW Professional Corporation, a licensed Ontario law firm serving clients across Ontario. Our legal team reviews foreign divorce documents and the relevant residence circumstances and prepares legal opinion letters for Ontario Foreign Divorce Authorization applications.
Submit Your Foreign Divorce for Review →
This article provides general legal information and is not legal advice. Habitual residence and foreign-divorce recognition can depend on the applicable law and the particular facts of an individual case.
