I got it from the canadian government web page i just typed in divorce for forigners,i would have pasted it but its three pages long.But bobs wife just posted a link for it.
Section 5.33 of the OP2 manual will explain all of the resources for divorce of forign couples.
Both spouses become permanent residents in
Canada, and then six months later the spouses
obtain a divorce from their native country’s
The divorce may not be recognized under Canadian
law because neither party was resident in the native
country for one year immediately preceding the
But then i found conflicting results here so read on i guess
5.33. Legality of foreign divorces
Visa officers may need to look closely at foreign divorces to determine if sponsors or applicants
were, or are, legally free to marry again. The fact that a marriage licence was issued, or that a
couple has remarried, is not proof that a divorce was legal where it occurred, or that it would be
recognized as legally valid in Canada.
A foreign divorce is without effect if it was obtained by fraud or by denial of natural justice.
The federal Divorce Act of 1985 governs the recognition of foreign divorces. It specifically
provides for the recognition of foreign divorces where the divorce was granted after February 13,
1986. These divorces are valid in Canada if either spouse was ordinarily resident in the foreign
jurisdiction for one year immediately preceding the application for the divorce.
The Divorce Act also preserves common-law rules respecting recognition of foreign divorces. For
example, Canadian courts may recognize foreign divorces when:
• they are issued from a court in a country where neither spouse was ordinarily resident, but
where the decree is recognized by the law of that country (other than Canada) where one or
both were ordinarily resident at the time of the divorce. For example, a party living in
California obtains a divorce in Nevada. If California recognizes the Nevada divorce, it is valid
in Canada.
• either party can show that they had a “real and substantial connection” with the foreign
jurisdiction at the time of the divorce. Factors that might indicate whether there was a real and
substantial connection would be whether an individual was born in that country, had family
there, and regularly travelled there to spend time in the jurisdiction. This could be
strengthened further if the individual owned property or conducted business in the jurisdiction.
These factors are relevant because they indicate whether the court in that other country had
the proper jurisdiction to hear the divorce when neither of the parties was ordinarily residing
there for a year preceding the divorce action. If the real and substantial connection is made,
and that party obtains a legal divorce in that country, it is valid in Canada.
It is also possible that a divorce, issued by a court in a country where neither spouse was
ordinarily resident but that is recognized by a second country (other than Canada) where one or
both can show that they had a real and substantial connection to that second country at the time
of the divorce, would be valid in Canada. For example, a party now ordinarily resident in Canada
obtains a divorce in Nevada but was born in California, still has family there, and regularly travels
there to spend significant amounts of time, maintaining a cottage that they inherited. If California
legally recognizes the Nevada divorce, it may be valid in Canada, although it may be necessary to
seek legal advice from NHQ.
