Can I Get a Divorce in BC If We Married in Another Country?

Many people in British Columbia married somewhere else: in another country, in a religious ceremony overseas, or while living abroad. When the relationship ends, it is natural to wonder whether a BC court can end the marriage at all.

In general, the place of the wedding matters less than where you live now and what proof of the marriage you can produce. This article walks through the residency requirement, the documents, and the points that depend on the facts of your case.

This article covers the law of British Columbia.

The residency rule: living in BC for one year

A court in a province has jurisdiction to hear a divorce if either spouse has been habitually resident in that province for at least one year immediately before the divorce proceeding starts. This applies regardless of where the marriage took place.

In plain words, only one of you needs to meet the one-year test. If either of you has made BC your home for a full year, a BC court can generally hear the divorce itself, even if the wedding happened in another country. If you travel often, split your time between places, or have moved several times, how the one-year test applies depends on your situation, so it is worth confirming with a lawyer.

The divorce rules in the federal Divorce Act apply to people who are married or formerly married. Unmarried couples deal with parenting and support under the BC Family Law Act instead.

Parenting and support when a spouse lives elsewhere

A divorce often comes with related issues such as parenting and support, which the law calls corollary relief. A court has jurisdiction over those issues if either former spouse is habitually resident in the province at the start of the proceeding, or if both former spouses accept the court's jurisdiction.

This matters if your spouse still lives abroad. The one-year test for the divorce itself and the test for corollary relief are different, so it is worth confirming how they apply together in your situation.

Is a foreign marriage valid in BC?

Whether a marriage celebrated in another country is valid in BC depends on the particular facts, such as how the ceremony was done and whether it was registered, so it is worth confirming with a lawyer before you file. This is a point where a lawyer can confirm your situation, especially for religious-only ceremonies, proxy weddings or marriages in countries with unusual formalities. Whatever the answer, the court will still need a government-issued original or certified marriage certificate or registration.

If either of you has already been divorced in another country, that is a separate question. A divorce granted by a competent authority outside Canada is recognized in Canada if either former spouse was habitually resident in that country or subdivision for at least one year immediately before the divorce proceedings began. A divorce granted after July 1, 1968 on the basis of the wife's domicile in that country is also recognized. Those rules do not displace other legal rules for recognizing foreign divorces, so a divorce that misses the one-year test may still be recognized under common-law rules.

The marriage certificate the court needs

For a BC divorce, the court needs a government-issued original or certified marriage certificate or registration. Church or ceremony certificates are not accepted. If you married abroad, you contact the office responsible for marriage records in the country where you married.

If you cannot obtain the certificate when you file, the registrar must accept your reason, but you will need to provide proof before the court reviews the application. Only if it is impossible to obtain, someone who was present at the ceremony, such as the officiant or a witness, completes Affidavit Form F30.

Whether your foreign certificate needs to be translated, and how, is not something to guess at. Ask the court registry or a lawyer before you file so you do not lose time.

What to do next

• Work out the date either of you became a resident of BC and whether one year has passed.
• Contact the marriage records office in the country where you married and request an official certificate or registration.
• Gather any foreign divorce papers if either of you was married before.
• Make a note of where each spouse lives and where any children live.
• If the certificate truly cannot be obtained, ask a witness or officiant whether they can complete the affidavit.
• Speak with a lawyer if the validity of the marriage, a prior divorce or a spouse living abroad is in question.

Frequently asked questions