- A divorce granted by a competent authority outside Canada is recognized for marital status if either former spouse lived in that country for at least one year right before the divorce proceedings began.
- A foreign divorce that misses the one-year test may still be recognized under common-law rules.
- Recognition of your marital status is a separate question from property and support, which depend on your facts and where each person lives.
You may have divorced in another country and then moved to British Columbia, or married abroad and now live here. A common worry is whether that foreign divorce is treated as real in BC, and whether you are free to remarry.
The answer turns mostly on where you and your former spouse lived when the divorce case started. This article explains the main federal test, the exceptions, the paperwork people often need, and how recognition connects to property and support questions.
This article covers the law of British Columbia.
The basic test under the Divorce Act
The federal Divorce Act sets the main rule for recognizing a divorce granted outside Canada. A divorce granted by a competent authority outside Canada is recognized for determining marital status 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.
In plain words, one of you needs to have genuinely lived in the place that granted the divorce for a year before the case started. It does not have to be both of you. A competent authority generally means the court or body that had the power to grant the divorce.
Exceptions and other routes to recognition
Missing the one-year test does not always end the matter. The Divorce Act does not displace other rules of law for recognizing foreign divorces, so a divorce that does not meet the one-year residence test may still be recognized under common-law rules.
There is also a specific older rule. A divorce granted after July 1, 1968 by a competent authority on the basis of the wife's domicile in that country is recognized too, with her domicile determined as if she were unmarried (and an adult if she was a minor).
| Situation | Recognized? |
|---|---|
| Either former spouse lived in the granting country for at least one year before the case began | Yes, for marital status |
| Divorce granted after July 1, 1968 based on the wife's domicile in that country | Yes, with domicile determined as if she were unmarried |
| One-year test not met and no domicile basis | May still be recognized under common-law rules |
Remarriage, property and support
Recognition under the Divorce Act is about your marital status in Canada. If your foreign divorce is recognized, it is generally the starting point for treating you as no longer married. If there is any doubt, confirm with a lawyer before you remarry, because a mistake can create serious problems later.
Property and support are separate questions. Whether a BC court can deal with them, and which law applies, depends on your facts, including where each of you lives, when you separated, and what the foreign court already decided. If a divorce proceeding is started in BC, a court has jurisdiction over corollary relief such as parenting and support if either former spouse is habitually resident in the province at the start of the proceeding, or both former spouses accept the court's jurisdiction.
A lawyer can tell you whether a foreign order on property or support affects what you can still claim in BC.
If a support order or claim crosses borders
If you need support and the other person lives elsewhere, BC lets you apply here to get or change a support order in another jurisdiction without going there. Interjurisdictional Support Services administers these applications, and the other party responds in the court of their own jurisdiction.
Documents and what to do next
If you later need to start a BC divorce yourself, the court needs a government-issued original or certified marriage certificate or registration. Church or ceremony certificates are not accepted. For a marriage abroad, you contact the office responsible for marriage records in the country of marriage.
If a certificate cannot be obtained when you file, the registrar must accept the reason, and proof is needed before the court reviews the application. If it is impossible to obtain, someone present at the ceremony, such as the officiant or a witness, completes Affidavit Form F30.
- Gather your foreign divorce order or certificate and any court reasons.
- Note where each of you lived, and for how long, before the foreign case began.
- Collect your marriage certificate or registration.
- Gather any foreign orders about property, parenting or support.
- Speak with a BC family lawyer before remarrying or starting any BC claim.
Frequently asked questions
Does BC recognize a divorce granted in another country?
Often yes. A divorce from a competent authority outside Canada is recognized for marital status if either former spouse was habitually resident in that country for at least one year immediately before the proceedings began. Other routes, including common-law rules, may apply if that test is not met.
Can I remarry in BC after a foreign divorce?
If your divorce is recognized in Canada, your marital status is determined accordingly. Because the answer depends on your facts, it is wise to have a lawyer confirm recognition before you remarry.
Does the one-year residence rule apply to both spouses?
No. Either former spouse meeting the one-year habitual residence test is enough.
Does recognition of the divorce settle property and support?
Not automatically. Recognition deals with marital status. Property and support depend on your circumstances and where each of you lives, and a lawyer can confirm what claims remain open. A BC court has jurisdiction over corollary relief if either former spouse is habitually resident in the province at the start of the proceeding, or both accept its jurisdiction.
Sources
- Divorce Act, s. 4(1) — Justice Laws (federal)
- Divorce Act, s. 22(1) — Justice Laws (federal)
- BC Justice, Divorce prequalification step 5 — justice.gov.bc.ca
- BC Government, Interjurisdictional Support Orders — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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