Does BC Recognize a Foreign Divorce? How Recognition Works

If you were divorced outside Canada and now live in BC, you may need to know whether that divorce counts here. The answer matters if you want to remarry, update records, or sort out property.

This article explains the federal Divorce Act test for recognizing foreign divorces and what to do if the answer is unclear. It is general information, and your documents and facts will decide the outcome.

This article covers the law of British Columbia.

The basic recognition rule

Recognition of a foreign divorce is mainly a federal question under the Divorce Act. 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 terms, the question is not where you married or where you live now. It is where at least one of you was ordinarily living in the year before the case started.

Exceptions and other routes

A divorce granted after July 1, 1968 by a competent authority on the basis of the wife's domicile in that country is also recognized, with her domicile determined as if she were unmarried, and as an adult if she was a minor.

The statutory test is not the only route. 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. Whether those rules help you turns on the facts.

Remarrying or dividing property

Recognition concerns your marital status. If your divorce is recognized, that is the foundation for treating you as unmarried here. Because recognition depends on the facts of each case, anyone planning to remarry should have a lawyer confirm their status first, particularly if the divorce was quick, was granted in a country where neither spouse lived for long, or was obtained by only one spouse.

Property, support and parenting issues are separate from status, and the answer depends on your circumstances and the place involved. A lawyer or accountant can tell you whether a foreign order or settlement affects what you can claim in BC.

If you need a BC divorce instead

Sometimes the safest path is a new proceeding in BC. A court in a province has jurisdiction to hear a divorce proceeding if either spouse has been habitually resident in the province for at least one year immediately preceding the commencement of the proceeding, regardless of where the marriage took place. For corollary relief, such as parenting and support, a court has jurisdiction if either former spouse is habitually resident in the province at the start of the proceeding, or both accept the court's jurisdiction.

For a BC divorce, the court needs a government-issued original or certified marriage certificate or registration; church or ceremony certificates are not accepted. For a marriage abroad, contact the office responsible for marriage records in the country of marriage. If a certificate cannot be obtained at filing, 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.

What to do next

• Get a certified copy of the divorce decree or certificate from the foreign court.
• Write out where each of you lived, and for how long, in the year before the case began.
• Gather your marriage certificate and any translations you have.
• Note any property, support or parenting terms in the foreign order.
• Speak with a lawyer before remarrying or relying on the divorce for property decisions.

Frequently asked questions