Is a divorce granted in Cuba valid?
Ontario, Canada
The following excerpt is from Martinez v. Basail, 2010 ONSC 2038 (CanLII):
Although I have no evidence about Cuban law, there is a presumption that foreign divorces are valid: see Powell v. Cockburn at para. 14. Since the Cuban notary who granted the divorce was clearly informed that the parties reside in Ontario, it is reasonable to assume that she was of the view that she had authority to grant a valid divorce to the parties pursuant to Cuban law. There is no evidence of jurisdictional fraud. On the evidence I find that this was a genuine divorce.
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