Can New Immigrants Get Divorced in Ontario?

One of the most common concerns among newcomers to Canada facing a marriage breakdown is whether their immigration status affects their ability to divorce. The short answer is: it does not.

Immigration Status and Divorce

Ontario courts do not consider immigration status when deciding whether to hear a divorce case. It does not matter whether you are a Canadian citizen, permanent resident, temporary resident, work permit holder, student, or on a visitor visa.

The relevant question is residency, not immigration status.

The Residency Requirement

Under the Divorce Act, an Ontario court has jurisdiction to hear your divorce case if either you or your spouse has been ordinarily resident in Ontario for at least one year immediately before the divorce application is filed.

“Ordinarily resident” means that Ontario is your primary and habitual home — not just a temporary stay.

If you have been living in Ontario for at least one year, you can file for divorce here regardless of your immigration status. If your spouse has been living in Ontario for at least one year — even if you have not — the Ontario court still has jurisdiction.

Does a Canadian Divorce Affect My Immigration Status?

Getting divorced in Canada generally does not automatically affect your immigration status, but the specifics depend on your situation:

• Spousal sponsorship: Canada eliminated conditional permanent residence in 2017. A sponsored spouse who already has PR does not lose that status because of divorce. The sponsorship undertaking is a separate contract with the government: it still runs three years from the day PR was granted, and it is not cancelled by divorce. See Does a Sponsorship Undertaking Survive Divorce?. If PR has not yet been granted, IRCC must be told that the relationship has ended. Get immigration advice alongside family law advice.
• PR status: Having PR status is independent of your marriage. A divorce does not automatically cancel your PR.
• Citizenship applications: A divorce does not disqualify you from citizenship if you otherwise meet the requirements.

If your immigration status is tied to your spouse, it is important to get both family law and immigration advice before proceeding.

What Documents Do You Need?

For an Ontario divorce, you will generally need:

• Your original marriage certificate (or a certified copy)
• If married outside Canada, you may need a translated and certified copy of your marriage certificate
• Proof of residency in Ontario

If you were married in China, the Chinese marriage certificate will need to be translated into English by a certified translator. You may also need to have it authenticated (apostille or notarization).

What If My Spouse Is Still in China?

You can still divorce in Ontario even if your spouse is living in China and does not participate in the proceedings. Ontario courts can proceed and issue a divorce order in the absence of the other party (called a default judgment) once you have taken the proper steps to serve them with the divorce application.

Service on a party in China requires following specific procedures — typically through registered mail or in accordance with international service conventions.

Common Concerns for Newcomers

”Will the divorce affect my children’s status?”

Children’s immigration status is not directly affected by their parents’ divorce. However, custody and parenting arrangements may affect practical matters like travel and passport access.

”My spouse controls my documents — what do I do?”

You have the right to access your own identification documents. If your spouse is withholding your passport or documents, a lawyer can help you take steps to recover them.

”I signed a separation agreement in China — is it valid here?”

A separation agreement made in China may or may not be recognized in Ontario, depending on how it was executed and whether it meets Ontario’s legal requirements. Do not assume it covers everything — get it reviewed by an Ontario family law lawyer.

Practical Advice

If you are a newcomer facing a marriage breakdown in Ontario, you have the same legal rights as any other resident. You are entitled to seek a divorce, claim equalization of net family property, and apply for support — regardless of your immigration status.

Do not let uncertainty about your status prevent you from protecting your legal rights.

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This article was written by Miao He (何淼), Ontario lawyer (LSO #83315K) and China-licensed lawyer, serving the Chinese-Canadian community in the GTA with bilingual Mandarin and English family law services.