What are the defences against recognition of a foreign divorce?
Ontario, Canada
The following excerpt is from Kadri v. Kadri, 2015 ONSC 321 (CanLII):
Even if the foreign divorce is found to be valid, there are defences against the recognition of foreign judgments on the grounds of fraud, natural justice, or public policy: Beals v. Saldanha, 2003 SCC 72 (CanLII), para. 39.
Canadian Courts generally are hesitant to allow a challenge to the validity of a foreign divorce outside of the foreign jurisdiction: Domise v. Oyadiran, 2006 CanLII 2614, para. 7. Canadian courts however are willing to intervene where there are serious concerns as to fraud and procedure such as not granting an opportunity to defend the proceeding.
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