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Can I be ordered to pay Spousal Support Again?

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  • Can I be ordered to pay Spousal Support Again?

    I separated from my ex in June 2018 and she filed for a divorce in her home country in Europe where we got married. It was processed August 2018 and I thought that our divorce is done. I come to find out that Canada does not recognize the divorce as neither of us lived in Europe for a year prior to the divorce being finalized. This came to light as she is trying to sponsor her husband which she filed for marriage in her home country.


    I paid her spousal support for from June 2018 to June 2019 as she was remarried and I had a court order that spousal support will stop.


    Now that it's come to light that we are not actually divorced in Canada, can she come back for more spousal support?

  • #2
    Has there been a judicial decision that your foreign divorce is not recognised in Canada? Canadian courts recognise a foreign divorce where there is a "real and substantial connection" between the parties and the jurisdiction granting the divorce. So if she grew up in the country, is a citizen of the country, and got married in the country, that would likely be a real and substantial connection to the country. If that is the case, then the divorce may well be recognised in Canada, regardless of residency.
    Ottawa Divorce

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    • #3
      Originally posted by Jeff View Post
      Has there been a judicial decision that your foreign divorce is not recognised in Canada? Canadian courts recognise a foreign divorce where there is a "real and substantial connection" between the parties and the jurisdiction granting the divorce. So if she grew up in the country, is a citizen of the country, and got married in the country, that would likely be a real and substantial connection to the country. If that is the case, then the divorce may well be recognised in Canada, regardless of residency.

      I don't know as her lawyer sent and letter stating this and that we need to file for a divorce in Canada. She has residency there but has not lived there for over 10 years.

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      • #4
        It does not matter that she has not lived there for over 10 years. That is only one ground on which a foreign divorce is recognised in Canada. There are other grounds, including her having a real and substantial connection to the jurisdiction.
        Ottawa Divorce

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