If you were married abroad and now find yourself looking to divorce in British Columbia, the process can seem daunting, especially if you’re unsure about how your international marriage will be treated. The good news is that Canada generally recognizes foreign marriages, making it possible to file for divorce here as long as you meet the necessary legal requirements.
At Align Family Law, we know that divorce is never easy, and international marriages can add extra layers of complexity. Whether you’re navigating the legal nuances of residency requirements or trying to understand how your marriage will be viewed under British Columbia law, we’re here to provide the clarity and support you need.
In this guide, we’ll walk you through everything you need to know to confidently move forward with your divorce, no matter where your marriage took place.
Can You Get Divorced in British Columbia If You Were Married Abroad?
To file for divorce in British Columbia, you must meet these key requirements:
- Your marriage must be legally recognized in the country where it took place.
- Your marriage must not violate Canadian law or public policy.
- At least one spouse must have lived in British Columbia for at least one year before filing for divorce.
As long as these conditions are met, the courts have jurisdiction to grant your divorce, even if your spouse lives in another country.
When Is a Foreign Marriage Not Recognized in British Columbia?
While most legally conducted marriages abroad are recognized, there are exceptions. Generally, the British Columbia courts consider marriages that fall within the following circumstances void:
- Underage Marriage: If either party is under the legal age of marriage in British Columbia, which is 19 years old. Individuals aged 16 to 18 can marry with parental consent and a court order, but marriages involving anyone under 16 are not legally recognized.
- Polygamous Marriages: Under Canadian law, both spouses must have been unmarried by the time of their union, meaning that polygamous marriages are not valid.
- Incestuous Marriages: Marriages between close blood relatives, which are prohibited under Canadian law.
British Columbia law also considers certain marriages “voidable”, meaning they can be annulled, if they are:
- Fraudulent Marriages: Marriages entered into for deceptive purposes, such as to obtain immigration benefits, are not recognized.
- Forced Marriages: Any marriage where one party did not freely consent to the union, such as in cases of coercion or threats.
If you were married abroad and are not sure if your marriage falls into one of these categories, our British Columbia divorce lawyers are here to help you understand your options and rights.
How to File for Divorce in British Columbia After Marrying Abroad
If your foreign marriage is valid, you can begin the divorce process by:
- Filing a Notice of Family Claim – Prepare your Notice of Family Claim and make three copies of the original.
- Providing proof of marriage – You will need to take both your official marriage certificate and copies of the Notice of Family Claim to your local registry of the British Columbia Supreme Court to obtain a Registration of Divorce Proceeding form, which starts the formal process.
- Demonstrating grounds for divorce – The most common reason is living separately for at least one year, but adultery or cruelty may also apply.
What If You Were Already Divorced Abroad?
If you obtained a divorce outside of Canada, the courts may recognize it if:
- You or your spouse lived in the country where the divorce was granted for at least one year before filing.
- The foreign divorce was legally obtained and does not violate Canadian public policy.
If there are any doubts about whether your divorce is valid in Canada, consulting a Victoria family lawyer is essential.
Contact the British Columbia Divorce Lawyers at Align Family Law Today
Navigating a divorce is never easy, especially when international legal issues are involved. At Align Family Law, we help clients understand their rights and take the necessary steps to finalize their divorce with confidence.
With offices located in Victoria and Kimberley, we proudly serve families across British Columbia. Our team is here to help you navigate the divorce process and create a personalized plan that leads you toward a fresh start.
Call us at 250-940-3599 or visit our contact page today to schedule a consultation and get started.
