It’s not uncommon nowadays that one of the divorcing spouses is in Quebec, while the other is elsewhere in the world, be it the other provinces of Canada or other country. The Divorce Act, governing divorces in Canada, says that one of the spouses should live for at least one last year in the province (or country). Where the couple applies for divorce.
International divorce recognition in Quebec
Quebec, though, recognizes foreign divorces granted in a country where one of the spouses is a citizen. (As long as such a divorce is not against public order).
Custody and support orders
What is important to know is that child custody, child and spousal support payments are not the questions decided once and for all in the divorce judgment. Each ex-spouse can apply to the Court later asking to modify the custody and support arrangements based on significant change of circumstances.
Thus, even if one of the spouses convinced another to yield everything in during a divorce in another country. Support and custody questions can be reopened once any of the spouses is back in Canada. (And, particularly, in Quebec).
New rules under the upcoming amended Divorce Act
The new Divorce Act (or, being more precise, the hugely amended old Divorce Act) is coming in force in March 2021. By its new provisions, an ex-spouse living abroad would not often need to apply to the Court in Canada. The procedure will allow applications in Court internationally for support orders. Also their variations and collecting debts for child and spousal support. This will depend on the status of the foreign country. Whether the country signed the 1996 Convention, whether it is a “designated jurisdiction” under the Canadian law” or any other country. When it comes to child support, it will be crucial to know if the child ordinarily lives in the country (jurisdiction) where the existing support order was made.
Allen Madelin Lawyers
We are working in the field of the international family law. International divorce or separation situations and the questions of children’s rights in the international context are common to us. We are aware of the problems of a competent legal forum and applicable law.
We offer the first consultation with a lawyer of ours at $125. During this consultation the lawyer will explain to you how to proceed when there is an international aspect in your divorce or its consequences. This first consultation can take place in person in our office at 4621 Boulevard Saint Laurent in Montreal, Quebec — or by phone or via videoconference. Which is particularly convenient if you are living in another Canadian province or abroad. Do not hesitate to contact us for the details at 514 904 4017 or by email: [email protected]
