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We got married in another province or country — can we get divorced in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Yes. The Divorce Act is a federal statute that applies across Canada. You do not need to have been married in Ontario to divorce in Ontario — what matters is your current ordinary residence. At least one spouse must have lived in Ontario for at least one year immediately before starting the divorce application.

If you were married outside Canada, Ontario courts can still grant you a divorce provided you meet the residence requirement. However, there are additional considerations: the court must be satisfied that the marriage is legally recognized in Canada. Most marriages legally performed in other countries are recognized in Canada, though there can be exceptions (for example, a marriage that would not be recognized under Canadian law for substantive reasons).

Your marriage certificate from the other province or country will need to be produced. If it is in a language other than English or French, a certified translation is required. In some cases, additional documentation may be needed to satisfy the court that the marriage was valid.

If both spouses now live in different provinces, either province where a spouse has resided for a year can have jurisdiction. If both provinces meet the requirement, practical factors — like where lawyers, shared property, or children are located — often determine where to file.

Key takeaways

  • You can divorce in Ontario regardless of where you were married.
  • At least one spouse must have lived in Ontario for at least one year before filing.
  • Foreign marriages are generally recognized in Canada; some may require additional documentation.
  • If you were married in another language, a certified translation of the marriage certificate is required.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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