Ontario Superior Court refuses to recognize divorce obtained in Bahrain

On the other hand, the wife argued their marriage continued after their disagreement in June 2019. She claimed they separated in May 2022, when a text message suggested that her husband might have an affair.

The parties had one child together, who was 14 years old at the time of the current proceeding. The daughter has lived with her mother since the separation. The court said she no longer sees her father, who does not visit Ontario.

The wife requested relief under the Divorce Act, 1985 or alternatively under Ontario’s Family Law Act, 1990.

Divorce Act remedies

The Superior Court of Justice of Ontario refused to recognize the divorce obtained in Bahrain as valid under s. 22 of the Divorce Act. The court found the wife entitled to pursue spousal support under s. 15.2 of the Divorce Act and other corollary relief under the legislation.

The court said that a foreign divorce did not discharge the statutory support obligation since dependencies and hardships might continue to exist. The court noted that it could not have ordered spousal support or corollary relief under the Divorce Act if it had recognized the foreign divorce.

Family Law Act relief

The wife relied on the case of Vyazemskaya v. Safin, 2024 ONCA 156, to argue that the Family Law Act’s policy, found in its preamble, supported a broad reading of the legislation that would include former spouses, which would entitle her to spousal support under the Family Law Act.

The court concluded that, even if it recognized the Bahrain divorce, the foreign divorce should not remove the wife’s spousal status for spousal support purposes, given the broad wording of ss. 1(1) and 29 of the Family Law Act. Thus, the court said she could apply for spousal support based on s. 29(b) in that situation.

To reach this conclusion, the court noted the unique circumstances of this case. The parties:

• were married for 11 years
• lived together continuously for over three years within the marriage
• resumed cohabitation for nearly three years after the foreign divorce in July 2019
• had a relationship of some permanence
• had a child together

The court ruled that reading the Family Law Act’s words in a way that would deny a divorced spouse standing to apply for spousal support under the legislation would contradict:

• the modern approach to statutory interpretation, which required the court to read the legislation’s words harmoniously with its scheme, its object, and the legislature’s intention
• the preamble to the Family Law Act
• the broad definition of a spouse in s. 29
• the case law interpreting what amounted to a spousal relationship
• the purposes of spousal support in s. 33(8) of the Family Law Act

The court added that – even if it recognized the Bahrain divorce and thus prevented the wife from availing of Divorce Act corollary relief – it would have:

• ordered spousal support under the Family Law Act
• made parenting and child support orders under the Family Law Act and Ontario’s Children’s Law Reform Act, 1990
• extended the limitation period to order equalization under the Family Law Act if the wife launched her property claim more than two years after the foreign divorce

Court orders

The court gave the wife sole decision-making responsibility over her daughter, who should reside with her. Meanwhile, the husband could have virtual or phone contact with his daughter.

The court ordered him to pay:

• monthly child support of $3,819
• total child support arrears of $84,018.00 for the period from July 1, 2023 to Apr. 1, 2025
• monthly spousal support of $13,302, which would end once he fully paid the equalization payment of $10,316,892.50