- An Ontario court can hear a divorce if either spouse has been habitually resident in Ontario for at least one year immediately before the proceeding starts.
- Only one spouse needs to meet the residence requirement.
- A marriage performed in another country can be ended in Canada if Canada recognizes it and the residence requirement is met.
Moving between provinces or countries can leave you unsure whether you can file for divorce in Ontario yet. The same is true if you married somewhere else. The law sets a residence requirement, and it is simpler than many people fear.
This article explains who has to meet it, what changes if you married abroad or live outside Canada, and how foreign divorces are treated. Your own facts matter, so use this as a starting point.
The basic rule: one year in Ontario
An Ontario court can hear a divorce proceeding if either spouse has been habitually resident in Ontario for at least one year immediately before the proceeding starts. The word immediately matters. The year is counted back from the day the case is started.
Only one spouse needs to meet this. If you moved to Ontario six months ago but your spouse has lived here for years, the requirement can still be met through your spouse. If your living situation has been unclear, ask a lawyer how it applies.
Different situations at a glance
| Your situation | What the rules say |
|---|---|
| You or your spouse live in Ontario | Either spouse must have been habitually resident in Ontario for at least one year immediately before the proceeding starts |
| You married in another country | The marriage can be ended by divorce in Canada if Canada recognizes it and the residence requirement is met |
| You married in Canada but neither of you lives here | A narrow exception may apply under the Civil Marriage Act |
| You were already divorced abroad | Canada may recognize the divorce if either former spouse was habitually resident in that country for at least one year before the proceedings started |
Married in another country
A marriage performed under the laws of another country can be ended by divorce in Canada if Canada recognizes that marriage and the residence requirement is met. So where you married does not by itself block an Ontario divorce. The two questions are whether the marriage is recognized and whether one of you has lived in Ontario long enough.
Whether a particular foreign marriage is recognized can be a technical question. Bring your marriage documents to a lawyer if there is any doubt.
Married in Canada but living abroad
There is a narrow exception for non-residents. A court in the province where the marriage was performed may grant a divorce when neither spouse lives in Canada, they have lived separate and apart for at least one year, and each spouse lives (and has lived for at least one year) in a state that will not grant the divorce because it does not recognize the marriage as valid. This comes from section 7(1) of the Civil Marriage Act.
All of those conditions must be met. If you are in this position, get legal advice before filing.
If you or your spouse already divorced elsewhere
A divorce granted outside Canada by a competent authority 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 started. Other rules of law on recognizing foreign divorces still apply. How recognition applies to your situation depends on the details of your foreign divorce, so it is worth confirming with a lawyer before you rely on it.
What to do next
- Write down when each spouse moved to Ontario and where each has lived.
- Gather proof of where you ordinarily live, such as a lease, address records and similar documents.
- Find your marriage certificate, and any foreign divorce documents.
- Count back one year from the day you plan to start the case.
- Remember that a family case starts in the municipality where a party lives.
- Ask a lawyer if you moved recently, married abroad, or live outside Canada.
Meeting the residence requirement is only one step. You will still need to show that the marriage has broken down, which is a separate requirement under the Divorce Act.
Frequently asked questions
Do both spouses have to live in Ontario?
No. Only one spouse needs to have been habitually resident in Ontario for at least one year immediately before the proceeding starts.
I married overseas. Can a divorce in Ontario end a marriage performed in another country?
Often yes. A marriage performed under the laws of another country can be ended by divorce in Canada if Canada recognizes that marriage and the residence requirement is met. A lawyer can help confirm recognition.
I just moved to Ontario. Do I have to wait a year?
It depends. The one-year requirement can be met by either spouse, so a long-time Ontario resident spouse may satisfy it. If neither of you has been here that long, you may need to wait or get advice on other options.
Will Ontario recognize a divorce I got in another country?
It may. A divorce granted outside Canada by a competent authority is recognized if either former spouse was habitually resident in that country or subdivision for at least one year immediately before the divorce proceedings started. Other rules on recognition still apply.
Sources
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 8 — Justice Laws (federal)
- Divorce Act, s. 3(1) — Justice Laws (federal)
- Department of Justice Canada – How to Apply for a Divorce — justice.gc.ca
- Civil Marriage Act, S.C. 2005, c. 33, s. 7 — Justice Laws (federal)
- Divorce Act, s. 22 — Justice Laws (federal)
- Family Law Rules, r. 5(1) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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