# Can We Get Divorced in Canada If We Married Abroad? If you got married in another country but now live in Canada, you might wonder whether you can get divorced here. Maybe you married in India, the Philippines, Jamaica, Poland, or anywhere else in the world. Now that your marriage has broken down, do you have to go back to that country to end it? The short answer is no. You can get divorced in Canada even if you were married somewhere else. Canadian courts regularly grant divorces to people who married abroad. You just need to meet certain requirements. This guide explains how divorce works in Canada when your marriage took place in another country, what documents you need, and what complications might arise. ## Yes, You Can Divorce in Canada Marriages performed abroad are usually recognized as valid in Canada if they were legally valid where they took place and don't conflict with core Canadian requirements (like free consent and minimum marriageable age). And if Canada recognizes your marriage, Canadian courts can end it through divorce. This is true regardless of where you or your spouse are originally from, what country you got married in, what citizenship you hold, or how long ago the marriage took place. The key requirement isn't where you got married. It's where you live now. ## The Residency Requirement To file for divorce in Canada, either you or your spouse must have been **habitually resident** in a Canadian province or territory for at least **one year** immediately before starting the divorce application. "Habitually resident" means the place where you normally live. It's where you've settled and made your home, even if you're not a Canadian citizen or permanent resident. So if you moved to Ontario 14 months ago and have been living here since, you meet the residency requirement for Ontario. It doesn't matter that you got married in another country or that your spouse still lives abroad. You file for divorce in the province or territory where you (or your spouse) have been habitually resident for at least one year. For more on the divorce process in Ontario specifically, see our [step-by-step guide to getting divorced in Ontario](/blog/how-to-get-divorce-ontario-step-by-step-guide). ## You Still Need to Prove the Marriage Existed Even though Canadian courts can grant your divorce, you still need to prove that a valid marriage exists. You can't divorce if you were never legally married. This means you'll need documentation of your marriage, typically a **marriage certificate** from the country where you were married. ### Getting Your Foreign Marriage Certificate If you have your original marriage certificate or a certified copy, that's usually sufficient. You may need to provide a certified translation if the document isn't in English or French (depending on which province you're in). If you don't have your marriage certificate, you'll need to obtain one from the country where you were married. This might involve contacting the civil registry or vital statistics office in that country, working through the country's embassy or consulate in Canada, or using a document retrieval service. Some countries make this easy. Others make it very difficult, especially if there's political instability, poor record-keeping, or if the marriage took place decades ago. ### What If You Can't Get the Certificate? If you genuinely cannot obtain your marriage certificate despite reasonable efforts, you may be able to provide other evidence that the marriage took place. This could include wedding photos and other documentation, affidavits from people who attended the wedding, religious marriage certificates (though civil documentation is preferred), or other official records that reference the marriage. You'll likely need to explain to the court why you can't obtain the standard documentation and ask the court to accept alternative evidence. This is more complicated and may require legal help. If you're in this situation, [talk to a family law lawyer](/blog/how-to-choose-a-divorce-lawyer-in-ontario) who has experience with international family law matters. ## Translation Requirements If your marriage certificate is in a language other than English (or French, in Quebec and other French-language proceedings), you'll need to provide a **certified translation**. A certified translation is done by a professional translator who certifies that the translation is accurate. The original document and the translation are both filed with the court. Translation costs vary depending on the language, the translator, and the length of the document. ## The Divorce Process Is the Same Once you've established that you meet the residency requirement and have documentation of your marriage, the divorce process itself is the same as for anyone else in Canada. You still need to establish [grounds for divorce](/blog/grounds-for-divorce-canada-how-long-separated), which is usually one year of separation. You still file an application with the court, serve your spouse, and wait for a judge to grant the divorce. For an overview of the steps involved, see our guide on [how to get a divorce in Ontario](/blog/how-to-get-divorce-ontario-step-by-step-guide). If your divorce is uncontested, you may be able to [handle it without a lawyer](/blog/how-to-file-for-divorce-in-ontario-without-a-lawyer). ## What If Your Spouse Is Still in Another Country? It's common for one spouse to be in Canada while the other remains abroad. This doesn't prevent you from getting divorced, but it does add some procedural steps. ### Serving Documents Abroad You still need to **serve** your spouse with the divorce application. If they're in another country, this can be more complicated than domestic service. Depending on the country, you may need to follow the **Hague Service Convention**, which governs how legal documents are served between member countries. Some countries require service through a Central Authority rather than direct mail or courier. Service methods and requirements vary by country and by court rules. Before attempting to serve your spouse abroad, check whether the destination country is a Hague Convention member and what methods are permitted. The court or a lawyer with international family law experience can help you understand the requirements. In Ontario, if your spouse is served outside Canada or the United States, they generally have **60 days** to respond instead of the usual 30 days. Response deadlines in other provinces may differ. If you don't know where your spouse is, you may need to ask the court for [substituted service or to dispense with service](/blog/what-if-my-ex-wont-sign-divorce-papers-ontario). ### Your Spouse Doesn't Need to Participate If your spouse ignores the divorce application, the divorce can still proceed. Their silence is treated as not opposing the divorce. You file the remaining paperwork, and a judge can grant the divorce based on your documents alone. Canadian courts have jurisdiction over your divorce because you live here. Your spouse's lack of participation doesn't stop the process. ## What Law Applies to Your Divorce? This is where things get a bit more complex. **The divorce itself** is governed by Canadian federal law, specifically the [Divorce Act](/glossary#letter-d). If you meet the requirements, a Canadian court can grant your divorce. **Property division** is governed by provincial law. In Ontario, that means the Family Law Act's rules about [equalization](/glossary#letter-e) and property division apply to your assets in Ontario. For more on this, see our guide on [dividing property in an Ontario separation](/blog/dividing-property-ontario-separation-divorce). However, property located in other countries may be subject to the laws of those countries. If you and your spouse own property abroad, sorting out property division can be complicated. You may need legal advice in both Canada and the other country. **Child-related matters** like decision-making responsibility, parenting time, and child support are generally decided based on where the child lives. If your children live in Canada, Canadian law applies. The courts focus on the best interests of the child, and child support follows the federal [Child Support Guidelines](/blog/child-support-canada-how-calculated-when-changes). **Spousal support** can be ordered by the Canadian court as part of or alongside the divorce. The [Spousal Support Advisory Guidelines](/blog/spousal-support-canada-who-pays-how-long) are used as a reference point, just as in any other divorce. ## Will Your Canadian Divorce Be Recognized Abroad? If you get divorced in Canada, will the other country recognize it? **In most cases, yes.** Most countries recognize divorces granted by courts in other countries, especially when the person who filed had a genuine connection to that country (like living there). However, some countries have specific rules or may not automatically recognize foreign divorces. If you need your divorce to be recognized in another country (for example, to remarry there or to deal with property), you should check the requirements of that specific country. Some countries require you to register the Canadian divorce with their authorities. Others may require additional steps. If recognition in another country is important to you, consider getting legal advice about that country's requirements. ## Special Situations ### Same-Sex Marriages Canada has recognized same-sex marriage since 2005. If you entered into a valid same-sex marriage anywhere in the world, Canada recognizes it, and you can get divorced here. This is true even if you married in a country that has since changed its laws, or if your spouse now lives in a country that doesn't recognize same-sex marriage. As long as you meet Canada's residency requirement, you can divorce here. Canada also has a special federal process for non-resident spouses who married in Canada but cannot get a divorce where they live because their home jurisdiction doesn't recognize the marriage's validity. This provision was largely driven by same-sex couples who married in Canada but lived in countries that didn't recognize their marriages, though the law is written broadly. ### Religious Marriages Without Civil Registration In some countries, religious marriages are automatically recognized by the state. In others, a separate civil registration is required. If you had only a religious ceremony without any civil registration, and the country where you married required civil registration, you may not be legally married under that country's laws. And if you weren't legally married there, you may not need a divorce. This is a complicated area. If you're unsure whether your marriage was legally valid, get legal advice. ### Polygamous Marriages Polygamy is illegal in Canada. Canadian law does not permit polygamous marriages, and the recognition and legal treatment of polygamous marriages entered into abroad is complex. Questions about validity, property rights, and spousal status can vary depending on the context (immigration, family court remedies, etc.). If you're in this situation, you should speak with a family lawyer who has experience with these issues. Do not assume how the law will apply without legal advice. ### Marriages Involving Minors Canadian federal law sets an absolute minimum marriageable age of **16**. If you were married abroad when one or both parties were under 16, the marriage may not be recognized in Canada as valid. For marriages where one party was 16 or 17, the situation depends on the specific circumstances and the laws of the country where the marriage took place. More broadly, marriages that lacked **free and full consent** (for example, forced marriages) may not be recognized as valid in Canada. If there's any question about the validity of your marriage, seek legal advice. ## Documents You'll Need To divorce in Canada after marrying abroad, gather the following: **Marriage certificate** from the country where you were married (original or certified copy). **Certified translation** of the marriage certificate if it's not in English or French. **Proof of your residency** in Canada for at least one year (driver's license, lease, utility bills, tax returns, etc.). **Your spouse's current address** for service, if known. **Information about children**, if any, including where they live and current parenting arrangements. **Details of any existing agreements or orders** related to your marriage or separation. If you're missing key documents, see the section above on what to do if you can't get your marriage certificate. ## Common Questions ### Do I need to go back to the country where I married? No. You can get divorced entirely in Canada as long as you meet the residency requirement here. ### Does my spouse need to agree to the divorce? No. You don't need your spouse's consent to get divorced. If they ignore or oppose the divorce, it can still proceed. See our guide on [what to do if your ex won't sign the divorce papers](/blog/what-if-my-ex-wont-sign-divorce-papers-ontario). ### What if my spouse and I are from different countries? It doesn't matter. What matters is that at least one of you has been habitually resident in a Canadian province for at least one year before filing. ### Is it faster or slower to divorce if I married abroad? The process is generally the same. The main potential delays are obtaining your foreign marriage certificate and translation, and serving your spouse if they're in another country (which may involve Hague Convention procedures and has a longer response deadline). ### Can I remarry in Canada after the divorce? Yes. Once your divorce is final (31 days after the divorce order), you can remarry in Canada. You can request a [certificate of divorce](/blog/when-can-i-remarry-after-canadian-divorce) after the divorce takes effect to prove your marriage has ended. ### What if I want to remarry in the country where I originally married? Check that country's requirements. You may need to register your Canadian divorce with authorities there. ## When to Get Legal Help A straightforward divorce after marrying abroad can often be handled the same way as any other [simple divorce](/blog/simple-divorce-ontario-step-by-step-guide). If both parties agree and there are no children or property disputes, you may be able to manage it yourself. However, consider getting legal help if you can't obtain your marriage certificate or other documentation, your spouse is in another country and uncooperative, there's property in multiple countries, there are questions about whether your marriage was legally valid, there are children and you need to address parenting or support, or you need the divorce recognized in another country with complex requirements. A lawyer with experience in international family law can help you navigate these issues. If cost is a concern, see our guide on [free and low-cost family law help in Ontario](/blog/free-low-cost-family-law-help-ontario). ## Key Takeaways **Yes, you can get divorced in Canada even if you married in another country.** Canadian courts regularly grant divorces to people who married abroad, as long as the marriage was valid where it took place and doesn't conflict with core Canadian requirements. The main requirement is **residency**: either you or your spouse must have been habitually resident in a Canadian province for at least one year before filing. You'll need your **foreign marriage certificate** and a **certified translation** if it's not in English or French. If your spouse is abroad, you can still proceed. You may need to follow the **Hague Service Convention** depending on the country. In Ontario, they have 60 days to respond instead of 30 when served outside Canada or the U.S. The divorce process is otherwise the same as for anyone divorcing in Canada. The divorce is governed by Canadian law, though property abroad may involve other countries' laws. Your Canadian divorce will generally be recognized in other countries, but check specific requirements if recognition abroad is important to you. If your situation involves missing documents, property in multiple countries, questions about validity (including consent or age), or polygamy, get legal advice. ### Disclaimer This article provides general information about getting divorced in Canada when you married in another country. It is not legal advice. International family law can be complex, and how the law applies depends on your specific situation. For advice about your case, speak to a family law lawyer.