Indian Divorce in Canada: What Indian Families Need to Know
By Chohan & Chatha LLP – Family Lawyers
At Chohan & Chatha LLP, we often work with Indian and Punjabi-speaking families navigating separation or divorce in Canada. These cases often raise unique legal and cultural questions—especially when a marriage took place in India, immigration status is tied to the relationship, or issues like dowry, extended family expectations, or community pressure come into play.
This article is Part 1 of our Indian Divorce in Canada series and focuses on:
Whether you can get a divorce in Canada if you were married in India
Whether you need a divorce in both countries
How immigration status is affected by separation or divorce in Canada
Annulments in cases of suspected immigration fraud
Can I Get Divorced in Canada If I Was Married in India?
Yes. Canadian courts can grant a divorce even if you were married in India (or any other country), as long as at least one spouse has been living in a Canadian province for at least one year before filing for divorce.
Many Indian clients mistakenly believe they need to return to India for divorce. That’s not true—you do not need to divorce in India if you qualify under Canadian divorce law.
Do I Need to Get Divorced in Both Canada and India?
No. A divorce granted in Canada is generally recognized by Indian authorities, and vice versa, assuming it was legally valid and properly obtained. That means you usually don’t need to go through two separate divorce processes.
However, you may want to speak with a lawyer if you’re planning to remarry in India or need legal recognition there for property division, dowry return, or family inheritance purposes.
Divorce in India vs. Divorce in Canada: Key Differences
In India:
Mutual Consent Divorce: Requires agreement by both parties and a 6-month waiting period, during which reconciliation is encouraged.
Contested Divorce: Can take several years, often involving multiple court appearances.
In Canada:
You may file for:
Joint Divorce
Uncontested Divorce
Contested Divorce
Except in cases involving adultery or cruelty, couples must be separated for at least one year before being granted a divorce.
Most uncontested or joint divorces in Canada do not require a court appearance. They are typically granted through what is known as a “desk order.”
How Does Divorce Affect Immigration Status?
This is one of the most pressing concerns for Indian nationals or permanent residents going through a divorce in Canada. The impact varies depending on your status.
1. If You’re a Canadian Citizen:
Divorce will not affect your status. You remain a Canadian citizen regardless of your marital status.
2. If You’re a Permanent Resident (PR):
If you obtained PR through family sponsorship, you will not lose your PR status just because you’re divorcing.
However, if it can be proven that the marriage was fraudulent, the sponsor can file a complaint, and your status could be challenged by immigration authorities.
3. If You Have No Permanent Status (Visitor Visa, Work Permit, etc.):
Once your visa expires, you may be required to leave Canada unless you apply for permanent residence under another category.
You may apply to stay in Canada on Humanitarian & Compassionate (H&C) grounds, especially if you have a child in Canada.
You may not be eligible for spousal support if you were not sponsored, but you can apply for child support if there is a child from the relationship.
Immigration options in these cases are complex and should be handled by an immigration lawyer.
Can I Get Our Marriage Annulled Due to Immigration Fraud?
It’s unfortunately common for one partner to feel they were taken advantage of—used solely as a means to immigrate to Canada. If you believe the marriage was fraudulent, forced, or never consummated, you may be able to apply for annulment instead of divorce.
Annulments are rare and require strong evidence. They are:
Difficult to obtain
Emotionally and financially demanding
Require a detailed legal assessment to determine if your case qualifies
If you’re considering this route, we can provide a confidential consultation to help you explore your options.
We’re Here to Help
At Chohan & Chatha LLP, we understand the legal, cultural, and emotional challenges Indian and South Asian couples face during separation and divorce in Canada. We offer services in Punjabi, Hindi, and English, and are here to guide you through every step—whether it’s filing for divorce, protecting your immigration status, or dealing with cross-border legal issues.
📞 Contact us today to book a consultation and learn more about how we can help.
Dividing Property, Debt & Jewelry in Indian Divorce Cases
By Chohan & Chatha LLP – Divorce & Family Lawyers
When Indian couples divorce in British Columbia, property division often becomes more complicated than it is in other families. Why? Because in many South Asian households, wealth like houses, businesses, and down payments is built communally, with help from parents, in-laws, or extended family.
At Chohan & Chatha LLP, we regularly advise Punjabi and Hindi-speaking clients facing separation or divorce. We understand that in our culture, it’s common for relatives to provide financial support—whether through loans or gifts—but very few families put these agreements in writing. That can create serious legal complications when a marriage ends.
This article covers the most common issues South Asian families face during divorce in BC:
Was the down payment a loan or a gift?
How is jewelry divided under BC family law?
Who is responsible for family debt, and what if the money came from relatives?
Loans vs. Gifts: When In-Laws Help Buy a Home
In Indian culture, it’s common for parents or in-laws to contribute toward a home’s down payment or mortgage. Sometimes, the money is a loan, but other times it’s a gift. The challenge? Disagreements often arise after separation.
For example:
The wife may say the money was a gift.
The husband (or his parents) may insist it was a loan.
If there’s no written agreement, it becomes a legal dispute, and the court must decide based on intention at the time the money was given, not what the parties now say.
Why This Matters
If the court decides it was a gift, it becomes part of the couple’s property and is subject to division.
If it was a loan, it must be repaid to the lender before property is divided.
But Here’s the Problem
Most Indian families don’t create loan agreements in writing. Everything is verbal. That can hurt the person trying to recover the funds.
How Courts Decide: Was It a Gift or a Loan?
In Pecore v. Pecore, 2007 SCC 17, the Supreme Court of Canada provided a list of factors to consider:
Was there any written documentation (even a note or card)?
Were there discussions about repayment?
Was any security taken (e.g. lien, mortgage)?
Was the money given to one child only, or unequally among children?
Was repayment ever demanded, especially before separation?
Was there any partial repayment?
Was there a reasonable expectation of repayment?
If you’re a parent or sibling contributing large sums, it’s best to have something in writing—even an email or message confirming the intention.
Dividing Jewelry at Divorce
Jewelry plays a huge role in Indian weddings and celebrations. Gold sets, bangles, watches, and coins are common gifts. But when divorce happens, who keeps the jewelry?
Generally, if jewelry was gifted to one spouse, it remains their individual property and is not divided 50/50.
Common Disputes We See:
Who was the gift intended for? Was the gold coin for the bride, the groom, or both?
What happened to the jewelry? One party may say the other took it from a safety deposit box.
Did the jewelry disappear? Courts often have to assess credibility when no one admits to taking it.
How to Prove Jewelry Was Gifted to You
Affidavit or testimony from the person who gave the gift.
Witnesses who saw the gift being given (e.g., at the wedding).
Cards or notes that came with the gift.
Your possession and use of the jewelry (e.g., always worn by you).
Contextual clues – a diamond bracelet may be a gift for the wife, while a men’s watch likely belongs to the husband.
If the jewelry is missing and both spouses blame each other, the court will rely on credibility. Judges may find in your favour if you are generally more honest and consistent throughout your case.
Dividing Debt at Divorce
Debt division is just as important as dividing property. In BC, family debt includes:
Any debt incurred during the relationship, and
Debt incurred after separation for maintaining family property (e.g., house maintenance, taxes, mortgage).
Steps:
Calculate total family debt.
Divide it equally—each spouse is responsible for 50%.
But what if parents or siblings loaned money during the marriage?
To Recover That Loan, They Must Prove:
It was in fact a loan (not a gift)
The purpose of the loan (e.g., for business, legal fees, wedding expenses)
How it should be repaid (cash? sale of the house? installments?)
Again, written documentation—even just a WhatsApp message—can make a huge difference.