Foreign Marriage Recognition
Canada generally recognizes marriages legally performed in other countries.
- Marriage must have been legal where performed
- Both parties must have been legally able to marry
- Polygamous marriages not recognized
- Child marriages may not be recognized
- Marriage certificate translation may be required
Divorce in Canada
Requirements for divorcing in Alberta:
- Residency: One spouse must live in Alberta for at least 1 year
- Grounds: One year separation (most common), adultery, or cruelty
- Foreign divorce: May be recognized if valid where granted
- Religious divorce: Separate from legal divorce in Canada
Immigration & Sponsorship
Important: Sponsors remain financially responsible for 3 years after PR is granted, even after divorce.
- Sponsorship undertaking survives divorce
- PR status generally not affected by divorce
- Conditional PR may be affected—consult immigration lawyer
- Sponsored spouse can still access social assistance if needed
Custody & Children
- Canadian law applies to children living in Canada
- Both parents' consent needed to take children out of Canada
- Hague Convention may apply if child taken abroad
- Cultural considerations in parenting arrangements
- Children have right to maintain heritage connections
Frequently Asked Questions
Generally yes. Canada recognizes marriages that were legally performed in other countries. However, marriages that would be illegal in Canada (such as marriages involving minors or polygamous marriages) may not be recognized for all purposes.
Yes, if you've lived in Alberta for at least one year. You can divorce in Alberta regardless of where you were married. Canadian divorce law will apply, though some aspects may consider laws from your country of marriage.
If you sponsored your spouse for immigration, you remain financially responsible for 3 years after they receive permanent residence, even after divorce. The sponsored spouse's immigration status is generally not affected by divorce after receiving PR.