Last updated: October 16, 2026
If you were divorced outside Canada, you may have heard that at least one spouse must have lived in the country of divorce for a year.
That's one way Canada recognizes foreign divorces, but it's not the only one.
Canadian courts may also recognize a foreign divorce if either former spouse had a real and substantial connection with the country that granted it.
This matters if you obtained a divorce from your home country while living in Canada, or if neither spouse meets the usual one-year residency requirement.
What is a real and substantial connection?
A real and substantial connection means having a meaningful connection with the country where the divorce was granted.
Courts look at the circumstances rather than relying on one factor.
For example, they may consider:
- Where you and your former spouse lived and for how long.
- Where you got married and lived together.
- Whether you maintained family, property or business ties.
- How involved you were with the country around the time of the divorce.
No single factor guarantees recognition.
Someone who left a country 20 years ago and rarely returned may be in a different position from someone who moved to Canada recently but continues to have strong ties to their home country.
Is citizenship or being born in the country enough?
Not always.
Suppose you were born in Turkey, moved to Canada 20 years ago and later obtained a Turkish divorce without returning to live there.
Your Turkish citizenship alone may not establish a sufficient connection.
Ontario courts have considered similar issues.
In Al Sabki v. Al Jajeh, the spouses had been born, raised and married in Syria. They also had relatives there and continued to visit. However, the Ontario Superior Court found their connections insufficient in the circumstances, particularly given their long absence from the country.
On the other hand, ongoing family, business, property and other ties may strengthen the case for recognition.
In Ghandchi v. Falsafi, the court considered a broader range of continuing connections with Iran.
The point is that citizenship, birthplace and family ties are relevant, but they don't automatically determine the outcome.
What if neither spouse lived in the country for one year?
Your divorce may still be recognized in Canada.
Under section 22(1) of Canada's Divorce Act, a foreign divorce granted by a competent authority is recognized for determining marital status if either former spouse was habitually resident in the relevant country or subdivision for at least one year immediately before the divorce proceedings began.
However, section 22(3) preserves other rules for recognizing foreign divorces.
One of those rules involves a real and substantial connection.
This means failing the one-year rule doesn't automatically make your foreign divorce unrecognized in Canada. An Ontario lawyer may need to examine whether another legal basis applies.
For more information, read Can Canada Recognize a Foreign Divorce If Neither Spouse Lived There for One Year?
Can a foreign divorce still be refused recognition?
Yes.
Even where a sufficient connection exists, other issues can affect whether Canada recognizes the divorce.
For example, recognition may be refused if the other spouse was not given adequate notice, the divorce involved certain forms of fraud, or the foreign authority did not have the necessary legal authority to grant it.
In Novikova v. Lyzo, the Ontario Court of Appeal dealt with a Russian divorce where inadequate notice to the former spouse was a significant issue.
This is why an Ontario lawyer may need to review both your connection to the foreign country and how the divorce was obtained.
Why does this matter if I want to remarry in Ontario?
If you were divorced outside Canada and want to remarry in Ontario, you generally need to obtain a Foreign Divorce Authorization before your marriage licence can be issued.
As part of that process, Ontario requires a legal opinion letter from an Ontario lawyer explaining why your foreign divorce should be recognized.
If neither spouse meets the one-year residency rule, the lawyer may need to consider whether a real and substantial connection or another recognition rule applies.
You can learn more about the process in What Is a Foreign Divorce Authorization in Ontario?.
Frequently Asked Questions
Can my foreign divorce be recognized if I was living in Canada?
Yes, potentially. Living in Canada does not automatically prevent recognition of a foreign divorce. The applicable recognition rules and circumstances matter.
Is owning property in the foreign country enough?
Not necessarily. Property ownership may help establish a connection, but it is only one factor.
Does my former spouse's connection with the country count?
Yes. The circumstances of either former spouse may be relevant when assessing recognition.
Need Help With Your Foreign Divorce in Ontario?
If you're unsure whether your foreign divorce can be recognized in Canada, an Ontario family lawyer can review your documents and the circumstances of your divorce.
ForeignDivorceOpinion.com is operated by ABALAW Professional Corporation, a licensed Ontario law firm. We help clients across Ontario with foreign divorce opinion letters required for Foreign Divorce Authorization applications.
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This article provides general legal information, not legal advice. Recognition of a foreign divorce depends on the applicable law and individual circumstances.
