Changes to the Way Non-Resident Canadians Get Divorced

Last week, changes were announced that impact family law in Barrie, Collingwood, Orillia, Midland, Muskoka, Newmarket and the rest of Canada. The Attorney General of Canada announced a new divorce process for certain non-residents who married in Canada.

In most cases, a divorce is only available in Canada if at least one of the spouses has lived in Canada for at least one year. However, the new amendments to the Civil Marriage Act will make exceptions for couples from other countries, in cases where the couple was married in Canada but cannot get a divorce in their home country because their Canadian marriage isn’t recognized.

“I am pleased to announce that the new divorce process in Bill C-32, the Civil Marriage of Non-Residents Act, is now in force,” said The Honourable Peter MacKay, P.C., Q.C., M.P., Minister of Justice and Attorney General of Canada.

“With this Bill we have addressed an unfairness faced by couples who came to Canada to get married in good faith, but who then found they were unable to dissolve their marriage because their Canadian marriage is not recognized in their country or state of residence.”

Under the new process, eligible couples need to contact the Superior Court in the Canadian province or territory where they are married to seek a divorce.

If you want to speak to a divorce lawyer in Newmarket or a lawyer in Orillia, please contact us any time.