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I am not a Canadian citizen or Canadian Permanent Resident. Can I Apply For Divorce in Canada?

By candice - Last updated: Thursday, January 28, 2010 - Save & Share - Leave a Comment

People who are neither Canadian citizens nor permanent residents can apply for divorce in Canada even if they were legally married in another country.

Pursuant to the Divorce Act, a non-Canadian citizen or permanent resident is  eligible to apply for divorce if he or she is in a marriage where either one or both spouses have lived in a Canadian province or territory for at least a one-year period immediately prior to applying for a divorce in that same province or territory.  In Ontario, the Superior Court of Justice has jurisdiction to grant a divorce to non-Canadian citizens who have been “ordinarily resident” in Ontario for “at least one year immediately preceding the commencement of the proceeding”.  In deciding whether a party has been ordinarily a resident, a court looks to fact-specific evidence, such as length of residence at a fixed address, place of employment, location of a bank account, and maintenance of a driver’s licence.  The court will determine whether the totality of the evidence establishes that a party is ordinarily a resident within the jurisdiction as opposed to on a temporary stay or visit.

Unless the residential requirements are met pursuant to the Divorce Act, a court in the province or territory where the divorce application is commenced will be without jurisdiction over the parties in the proceeding and therefore without jurisdiction to grant a divorce.

For more information about Divorce contact Niren and Associates Family Law Practice at 416 222 4555 or info@divorcesupport.ca.

Also visit www.VisaPlace.com information about issues relating for Canadian Permanent Residence and Canadian citizenship.

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