What Does Oridinarily Resident Mean

When determining whether a foreign divorce order would be recognized in Ontario law it is important to ascertain the connection between the jurisdiction granting the divorce or annulment and the parties to the divorce.  If none of the parties to the divorce have a connection to the jurisdiction granting the divorce then typically that divorce would not be recognized in Canadian law.

Ordinary Residence

One of the simplest ways of showing such a connection is by showing that one of the parties was ordinarily resident in the jurisdiction that granted the divorce for at least one year prior to the start of the divorce application.   “Ordinary Residence” means the place where a person resides in the ordinary course of his or her day to day life, or in other words a person’s “real home”.  A person usually will have only one place of ordinary residence. An ordinary residence depends on physical presence in a place for an extended and regular basis as well as an intention to live there on a more or less regular basis.

We can help you if you require a legal opinion letter about the recognizability of your foreign divorce.