Married in Iran: can you divorce in Ontario, and is an Iranian divorce recognized here?

Yes, if you or your spouse has been habitually resident in Ontario for at least one year before you file. An Ontario court can then grant the divorce even though you married in Iran and your spouse still lives there. In the other direction, Canada recognizes a divorce granted in Iran if either spouse had been habitually resident in Iran for at least one year before that divorce case started, and other recognition rules can also apply.

A divorce in Ontario is granted under the federal Divorce Act by the Superior Court of Justice, so the rules below are the same in Toronto, Richmond Hill or anywhere else in the province. For how our firm approaches divorce generally, see our divorce page. This guide is part of our set for Persian-speaking families in Toronto, where it is usually the first question a couple married in Iran asks.

How does the divorce work, step by step, when you married in Iran?

The divorce does not have to wait for every other issue. In Bakhshi v. Hosseinzadeh, 2017 ONCA 838, a couple married in Iran in 1995, the wife started her Ontario case in October 2013, the divorce was granted in September 2014, and the property claim and the mahr went to trial separately in November 2015. Where your case is heard in Toronto depends on what you are claiming; see which Toronto family court handles your case.

The rules at a glance

Does it matter that the marriage took place in Iran?

Not for the right to file. The one-year residence test in section 3 looks at where the spouses live, not where they married. What changes is the paperwork. An Ontario court will not grant a divorce until a marriage certificate or marriage registration certificate is filed, unless the application explains why it is impractical to get one (Family Law Rules, rule 36). The Ministry of the Attorney General's guide says a certificate that is not in English must be translated by a certified translator, and that people married outside Canada must prove any previous divorce or the death of a previous spouse.

The court also obtains a clearance certificate from the federal Central Registry of Divorce Proceedings, confirming that no other divorce case for the two of you has been started in Canada. The divorce cannot be granted until it arrives.

For property and support claims under Ontario's Family Law Act, a "marriage" includes one that is actually or potentially polygamous, if it was celebrated in a place whose law recognizes it as valid (section 1(2)).

How is a spouse who lives in Iran served?

An application must be served by special service, carried out by someone other than you who is at least 18 (Family Law Rules, rule 6). A spouse served outside Canada or the United States has 60 days, rather than 30, to serve and file an answer. If the spouse cannot be found, or ordinary service is not realistic, the court can order substituted service by another method, on detailed evidence of the steps taken to locate and serve them, and it can order that service is not required if no method could reasonably be expected to reach them (rule 6(15) and (16)).

If the other spouse does not answer, the case can go ahead without them. For a divorce on its own, you file an affidavit for divorce and the court decides on the papers; the full sequence is in what happens after you start a family case in Toronto.

What must you prove to get the divorce?

Breakdown of the marriage, shown in one of three ways: living separate and apart for at least one year before the court decides, adultery, or cruelty (section 8(2)). On the separation ground you can file before the year is up, as long as you were living apart when the case started. Short attempts to reconcile, totalling not more than 90 days, do not interrupt the year. Before granting the divorce, the court must also be satisfied that reasonable arrangements have been made for the support of any children (section 11). Once the divorce takes effect, you can request the certificate that proves it; see how to get a divorce certificate in Ontario.

Is a divorce obtained in Iran recognized in Canada?

Under section 22(1) of the Divorce Act, a divorce granted by a competent authority abroad is recognized for the purpose of marital status in Canada if either former spouse was habitually resident in that country for at least one year immediately before the divorce proceedings began. So if your spouse obtained a divorce in Iran while living there for more than a year, Canada will usually treat you as divorced. Section 22(3) keeps other rules of law on recognition, so a foreign divorce that does not meet the one-year test is not automatically rejected; it has to be assessed against those rules.

If you are not sure whether an earlier divorce counts, settle that before you remarry or file for a new divorce here. The Ontario court guide expects proof of any previous divorce when the marriage took place outside Canada, and to remarry in Ontario after a divorce granted outside Canada you need the written authorization of the Minister before a marriage licence can be issued (Marriage Act, section 8(3)).

Will Iran recognize an Ontario divorce?

That is a question of Iranian law, which this guide does not cover. Global Affairs Canada's travel advice for Iran (last updated July 23, 2026) states that a Canadian divorce certificate is not automatically recognized in Iran and must be authenticated and then sanctioned by an Iranian court to be recognized there. It also warns that the Government of Canada has no embassy or consulate in Iran, that dual Canadian-Iranian citizens may be required to use their Iranian passport and may be prevented from leaving, and that Canadian women who register a marriage with the Iranian authorities automatically become Iranian citizens. It advises getting advice from both a Canadian and an Iranian lawyer before travelling.

What about the mahr, property and children?

A divorce application can include claims for support, property and parenting, and a mahr may be enforceable as a marriage contract. How support between spouses is decided is explained on our page about spousal support in Ontario. See whether a mahr is enforceable in Ontario. If either of you owns property there, read whether property in Iran counts in Ontario. If one spouse will not cooperate with a religious divorce, Canadian law offers a specific tool, explained in religious divorce and an Ontario divorce. A parenting order made in Iran does not apply here automatically; read whether a custody order from Iran counts in Ontario.

What changes the answer?

• How long each spouse has lived in Ontario. One year of habitual residence by either spouse is enough to file here (Divorce Act, s. 3(1)). If neither meets it, an Ontario court cannot grant the divorce yet.
• Where the other spouse lived before a divorce abroad. A divorce from Iran is recognized if either spouse was habitually resident there for at least a year before it started (s. 22(1)); otherwise the other rules preserved by s. 22(3) decide.
• Whether there are children. The court must be satisfied that reasonable arrangements have been made for their support before it grants the divorce (s. 11(1)(b)).
• Whether you can find the marriage certificate. If it is impractical to obtain one, the application must say so and explain why (Family Law Rules, r. 36(4)).
• Whether the spouse in Iran can be reached. Substituted service, or an order that service is not required, depends on detailed evidence of what you tried (r. 6(15) and (16)).
• Whether you plan to remarry in Ontario. After a divorce granted outside Canada, a marriage licence needs the Minister's written authorization (Marriage Act, s. 8(3)).

A worked example

For example, imagine a woman who married in Mashhad, came to Toronto four years ago and has lived apart from her husband for more than a year. He still lives in Iran and has not replied to her messages. She files a divorce application in Toronto's Superior Court, attaching a certified English translation of the marriage certificate. A process server cannot reach him, so her lawyer files evidence of the addresses, family contacts and messages tried, and asks for an order allowing service by another method. After 60 days with no answer, she files an affidavit for divorce with a draft order. The judge grants the divorce on the papers, and it takes effect 31 days later. Her claim for her mahr and for property can continue on its own timetable. This is a hypothetical walk-through, not a prediction of any result.

What mistakes do people make?

1. Filing before either spouse has lived in Ontario for a full year. The court has no power to grant the divorce until the residence test is met.
2. Serving the spouse personally or by text message. Special service must be done by someone other than you, or by a method the court orders.
3. Using an uncertified translation of the marriage certificate.
4. Assuming a religious divorce in Iran ends the marriage in Canada without checking section 22.
5. Remarrying before the divorce takes effect, or without the Minister's authorization after a foreign divorce.
6. Letting the property claim lapse while focusing on the divorce; see the deadlines in an Ontario family case.

What to do this week

1. Confirm the date your one year of residence in Ontario began, and the date you separated.
2. Find the marriage certificate and order a certified English translation.
3. Collect proof of any earlier marriage ending, by divorce or death, for either spouse.
4. Write down every address, phone number and online account you know for your spouse in Iran.
5. If there are children, gather the income information the court will need for child support.
6. Work through the first-week separation checklist and book a consultation in Persian, English or French.

Frequently asked questions

Do I need my spouse's consent to divorce in Ontario?

No. One spouse can apply alone and name the other as respondent. A joint application is possible, but then every order needs both spouses' consent (Family Law Rules, r. 36(2)).

Can I divorce here if my spouse lives in Iran and never comes to Canada?

Yes, if either of you meets the one-year residence test. The spouse must be served, or the court must order another method of service or excuse it, and then the case can proceed without them.

How long must we be separated?

On the separation ground, at least one year before the court decides. You can file earlier, as long as you were living apart when the case started, and short attempts to reconcile totalling 90 days or less do not restart the year.

Is a marriage that was polygamous under Iranian law recognized for property and support?

For claims under Ontario's Family Law Act, a marriage that is actually or potentially polygamous counts if it was celebrated where the law recognizes it as valid (s. 1(2)).

Will I need to go to court in person?

A divorce on its own, without an answer from the other spouse, can be decided by a judge on the affidavit and draft order without a hearing (r. 36(7)). Disputed issues such as parenting or property can require conferences.

Can I sponsor a new spouse after an Ontario divorce?

Immigration questions are outside these guides, but you will need proof that the earlier marriage has ended. Our page on the divorce certificate explains how to request it.

Related questions

Families in Thornhill, Richmond Hill and the rest of York Region file in Newmarket, not Toronto; read how York Region family cases work.

Sourena Sarbazevatan is a Persian-speaking lawyer called to the Bar of Ontario in 2015. Consultations are available in Farsi, English and French. Call +1 (416) 628-2041 or reach us through the contact page.