Dear Mr Brown:

I am a Canadian citizen who sponsored my wife to join me in Canada several years ago. We separated over personal issues two years ago. I was informed that my wife’s family is encouraging her to divorce me in Jamaica. I would like to know whether the divorce would be valid, or if she has to obtain the divorce in Canada since I am a Canadian citizen and she is a permanent resident.

— JMA

Dear JMA:

Due to the fact that there are many important details that were not provided in your query, I can provide a general response regarding the recognition of a foreign divorce in Canada.

Residence in jurisdiction for one year

Under Canadian law foreign divorces are recognised in Canada if either spouse was ordinarily resident in the foreign jurisdiction for one year immediately preceding the application for the divorce.

Real and substantial connection

Canadian courts may also recognise foreign divorces when either party can show that they had a “real and substantial connection” with the foreign jurisdiction at the time of the divorce. Relevant factors include whether an individual was born in that country; had family there; regularly travelled there; owns property there; or conducts business there.

Decree recognised by other country

Canadian courts may recognise foreign divorces when they are issued from a court in a country where neither spouse was ordinarily resident, but where the decree is recognised by the law of that country (other than Canada) where one or both were ordinarily resident at the time of the divorce.

In response to your question, I can state that your divorce may not be recognised under Canadian law if neither you nor your wife resided in Jamaica for one year immediately preceding the divorce, there was a real and substantial connection to Jamaica at the time of the divorce. Although I do not have sufficient information to assess the residency requirement or whether a real and substantial connection exists in your case, I trust that the information was of some assistance.

Please visit

jamaica2canada.com for additional information on Canadian Permanent Residence programmes including Express Entry, the Study and Work progamme, visitor’s visas or appeals, etc.

Antonn Brown, BA (Hons), LLB, MSc, RCIC, is an immigration counsel and education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. vry.jamaica@gmail.com.