- An Ontario court can hear a divorce if either spouse has been habitually resident in Ontario for at least one year before the case starts.
- A marriage performed in another country can be ended in Canada if Canada recognizes it and the residence requirement is met.
- Only one spouse needs to meet the residence requirement, and the marriage must also have broken down, usually shown by a year of living separate and apart.
If you married overseas and later settled in Ontario, you may worry that your marriage cannot be ended here, or that you have not lived here long enough.
This article explains the residence requirement, how a foreign marriage fits in, how the breakdown of a marriage is shown, and the basic steps to start a divorce case. How all of this applies depends on your situation, so it is worth confirming the details with a lawyer.
The one-year residence rule
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. Only one spouse needs to meet this.
This is a separate requirement from the one-year separation that usually shows the marriage has broken down. A newly arrived person generally needs to think about both.
Is a marriage from another country valid here?
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. Only legally married couples can divorce.
Whether a marriage performed abroad will be recognized in Canada depends on the facts of your situation, including where and how the marriage took place. If you are unsure whether your marriage will be recognized, a lawyer can review the facts.
If a marriage is void or voidable, annulment in Ontario is governed by the law of England as it stood on July 15, 1870, as later changed, and not by the Divorce Act. Property equalization may still be available because 'spouse' under the Family Law Act includes two persons who entered a void or voidable marriage in good faith.
Special situations
| Situation | What the rule says |
|---|---|
| One spouse lived in Ontario for a year | An Ontario court can hear the divorce |
| Married in Ontario, neither spouse lives in Canada, and each lives in a state that will not grant a divorce because it does not recognize the marriage | The court in the province where the marriage was performed may grant it if they have lived separate and apart for at least one year and each has lived in that state for at least one year |
| Divorce already granted abroad | Recognized in Canada if either former spouse was habitually resident there for at least one year before it began, and other recognition rules still apply |
Showing the marriage has broken down
Residence is only one part of the picture. The only ground for divorce under the federal Divorce Act is breakdown of the marriage. Breakdown is shown if the spouses have lived separate and apart for at least one year before the divorce is decided and were living separate and apart when the proceeding started.
- There is no one-year wait if the spouse the proceeding is brought against has, since the marriage, committed adultery or treated the other spouse with physical or mental cruelty that makes continued cohabitation intolerable.
- Spouses are treated as having lived separate and apart for any period during which they lived apart and either spouse intended to live separately.
- The one-year period is not treated as interrupted if the spouses resumed living together for periods totalling not more than 90 days, mainly to try to reconcile.
Some couples separate but keep living in the same house. A lawyer can explain what courts may consider when deciding whether spouses are separated.
Starting the case
Either spouse may start a divorce case by application naming the other as respondent, or the spouses may file a joint application. In a joint application, the divorce and any other order can be made only with both spouses' consent. A simple divorce application is for divorce only, so no other claim such as support or property can be made in it.
The court cannot grant a divorce until a marriage certificate or marriage registration certificate is filed, unless the application explains why filing one is impractical. This matters if your documents are overseas, so start gathering them early.
- The Superior Court of Justice fee to file an application is $214, and a $10 divorce filing fee for the federal Central Registry of Divorce Proceedings is also collected and cannot be waived.
- Simple and joint divorce applications can be filed online with an Ontario.ca login. Since October 14, 2025, online filings for the Toronto region go through the Ontario Courts Public Portal, while Family Submissions Online is still available for family cases in other regions.
- An application must be specially served by someone other than the party who has to serve it. A respondent must serve and file an answer within 30 days after being served, or 60 days if served outside Canada and the United States.
If the respondent does not answer by the deadline and has not asked for more time, the applicant can take steps toward an uncontested trial. Once granted, a divorce takes effect on the 31st day after the day the judgment is made, unless the court orders an earlier date because special circumstances justify it and the spouses agree and undertake that no appeal will be taken, or any appeal has been abandoned. A certificate that the divorce dissolved the marriage is issued on request.
What to do next
- Confirm how long you have lived in Ontario and gather proof such as leases and tax records.
- Locate your marriage certificate or note why it is impractical to obtain.
- Record the date you separated.
- Check which online filing route applies to your court region.
- Ask a lawyer whether your marriage will be recognized and whether any foreign divorce proceedings affect you.
Frequently asked questions
Do both of us need to live in Ontario for a year?
No. Only one spouse needs to have been habitually resident in Ontario for at least one year immediately before the case starts. The marriage must also have broken down, which is usually shown by living separate and apart for at least one year.
Can Ontario end a marriage that took place abroad?
Yes, if Canada recognizes the marriage and the residence requirement is met. If you are unsure whether your marriage will be recognized, a lawyer can review the facts.
What if I cannot get my marriage certificate?
The requirement does not apply if the application explains why it is impractical to file one. A lawyer can help word that explanation.
Will a foreign divorce count in Canada?
It is recognized if either former spouse was habitually resident in that country or subdivision for at least one year before the proceedings started, and other recognition rules still apply. Whether it applies to you depends on the facts, so it is worth confirming with a lawyer.
Sources
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 8 — Justice Laws (federal)
- Department of Justice Canada – How to Apply for a Divorce — justice.gc.ca
- Divorce Act, s. 3(1) — Justice Laws (federal)
- Civil Marriage Act, S.C. 2005, c. 33, s. 7 — Justice Laws (federal)
- Divorce Act, s. 22 — Justice Laws (federal)
- Divorce Act, s. 12(1) — Justice Laws (federal)
- Family Law Rules, O. Reg. 114/99, r. 36(1) — Ontario e-Laws
- Superior Court of Justice – The Steps in a Family Case — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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