Spouses in Canada can divorce by mutual consent in an Indian family court, signing the petition abroad and appearing by video where the court permits. Contested divorces can be filed where the marriage took place or where the wife lives. A Canadian divorce under the Divorce Act may not be recognised in India if the other spouse did not participate, so many couples either obtain an Indian decree or ensure both participate in Canada.
- Document route
- Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
- Time difference
- IST is 9h30 (Ontario, summer) to 13h30 (British Columbia, winter) ahead
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from Canada: how it works
We advise on whether to divorce in India, Canada or both. For an Indian consent divorce, we draft the petition and settlement, covering alimony, return of stridhan, any jointly held Indian property and children. The Canadian spouse signs before a notary with an apostille, or at the consulate, and appoints an attorney holder for routine dates. Statements are recorded, ideally by video, and the court may waive the six-month interval following Amardeep Singh.
Where one spouse is in India and opposes divorce, a contested petition takes years and often runs in parallel with maintenance and criminal complaints. Keep the Canadian proceedings consistent: a separation agreement, Canadian spousal support orders and Indian maintenance orders can overlap. If you sponsored your spouse for Canadian immigration, divorce does not end your sponsorship undertaking, which is a Canadian obligation worth discussing with a Canadian lawyer.
What clients in Canada should know
- A Canadian sponsorship undertaking continues after divorce, so settlement amounts should reflect that liability.
- Section 13B consent divorces are often completed in months rather than years when both spouses co-operate and the court allows video statements.
- Indian maintenance claims under section 144 BNSS (formerly 125 CrPC) can run alongside divorce and are not ended by a Canadian decree alone.
Step by step from Canada
Video consultation
A call at a time that suits Canada, after we have read your documents.
Documents signed in Canada
Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Canada where needed.
The full guide
This page covers what changes when you are in Canada. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in Canada and the Cross-Border Family Law practice area.
Questions from clients in Canada
Can we file in India if we married in Canada?
If the marriage was under the Hindu Marriage Act and the jurisdictional conditions are met, possibly; otherwise a Canadian divorce may be the natural route.
Will Canada recognise an Indian divorce?
Canada generally recognises foreign divorces where a spouse was habitually resident there for a year before proceedings; take Canadian advice to confirm for your case.
Do we both need to appear in court?
Both must confirm consent, but many courts allow video for the spouse abroad.