Civil Marriage Act

Marginal note:Divorce — non-resident spouses

• 7 (1) The court of the province where the marriage was performed may, on application, grant the spouses a divorce if

  • (a) there has been a breakdown of the marriage as established by the spouses having lived separate and apart for at least one year before the making of the application;

  • (b) neither spouse resides in Canada at the time the application is made; and

  • (c) each of the spouses is residing — and for at least one year immediately before the application is made, has resided — in a state where a divorce cannot be granted because that state does not recognize the validity of the marriage.

• Marginal note:Application

  (2) The application may be made by both spouses jointly or by one of the spouses with the other spouse’s consent or, in the absence of that consent, on presentation of an order from the court or a court located in the state where one of the spouses resides that declares that the other spouse

  • (a) is incapable of making decisions about his or her civil status because of a mental disability;

  • (b) is unreasonably withholding consent; or

  • (c) cannot be found.

• Marginal note:Exception if spouse is found

  (3) Despite paragraph (2)(c), the other spouse’s consent is required if that spouse is found in connection with the service of the application.