Applications for divorce under the federal Civil Marriage Act for non-residents married in Ontario now accepted at SCJ family counters
Amendments to the federal Civil Marriage Act effective August 14, 2013, provide a process for a Canadian court to grant a divorce to non-resident spouses who were married in Canada, and reside in a state that does not recognize their marriage.
On an interim basis, pending consequential amendments to Ontario legislation and court rules to conform with the new federal law, Civil Marriage Act divorce applications in Ontario will be accepted at any family counter of the Superior Court of Justice. Applications can also be sent, with the applicable fee in Canadian dollars payable to the Minister of Finance, to the Toronto Superior Court of Justice, at:
Superior Court of Justice
393 University Avenue – 10th floor
Toronto, ON M5G 1E6
Divorce applications under the Civil Marriage Act must be filed either jointly or by one spouse with the consent of the other spouse, in the province where the parties were married. Existing Ontario court forms may be used, and applications must contain all of the information required by the Civil Marriage Act. The Act can be found here.