Legal Question in Family Law in Canada

Divorce issues relating to residency

My husband and I are dual citizens of Israel and Canada. We were married in Alberta. Although we have physically resided in Israel for the past 9 years, we maintain Canadian resident status for tax purposes. We have an apartment in Canada, and have maintained Canadian addresses throughout the past 9 years.

My question is: If we wish to carry out the divorce in Canada, must we physically live there for one year prior to the application? Or we can go there, apply now, and receive the divorce in one year? Or am I completely misunderstanding this issue?

Thanks for your help


Asked on 12/29/05, 9:00 am

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Divorce issues relating to residency

This reply is specific to British Columbia as noted on the LawGuru website. Although divorce is a Federal matter, the procedure to obtain a divorce is governed largely by the Provinces. To be able to divorce in British Columbia, one member of the couple must maintain a principal residence in British columbia for at least one year immediately preceeding the granting of the divorce and must physically reside here for at least 10 of those 12 months. The divorce procedure may be commenced prior to the 12 month period expiring. There are other issues, such as children - the Court will not grant a divorce if there are children involved unless certain other requirements are satisfied. Those are beyond the scope of this inquiry.

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Answered on 12/30/05, 2:31 pm


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