Recognition of a foreign divorce in Quebec: a particular example
An uncertain legal situation
A client who had recently moved to Quebec consulted us with a view to remarrying. Her divorce had been granted abroad several years earlier, but she was unaware that a judgment rendered outside Canada does not automatically take effect here.
She found herself in a dead end: without recognition of her foreign divorce, she could neither legally rebuild her life nor complete certain administrative procedures related to the separation.
Legal intervention
Upon analyzing the foreign judgment, we confirmed that it met the general conditions for recognition under Quebec law:
actual jurisdiction of the foreign court,
respect for the rights of defense,
absence of fraud or incompatibility with public policy.
Here are the steps to take:
Preparation of an application for judicial recognition before the Superior Court of Quebec;
Certified translation of the foreign judgment and related documents;
Verification of proof of notification of the initial proceedings to the former spouse;
Filing of the application and administrative follow-up with the court clerk.
The result
In less than eight weeks, the Superior Court recognized the foreign divorce. No travel was required on the part of the client. She was then able to have her civil status documents amended, settle the final property issues, and plan a new marriage with complete legal certainty.
Have you obtained a divorce abroad?
A foreign divorce is only valid in Quebec if it is recognized by a court. Our firm can help you complete this process quickly and efficiently, whether you already reside here or are in the process of immigrating.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125.For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
