Divorce is when two people, who were once married, decide to end their relationship legally. It means they no longer share the responsibilities, rights, or obligations of being married. Divorce can happen for many reasons, and while it can be a difficult and emotional process, it allows both people to move forward with their lives separately. It often involves dividing things like property, and finances, and sometimes deciding who will take care of children if they have any.

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.