Conflicts in divorce jurisdiction and recognition
University of British Columbia
Master of Laws - LLM
In an effort to adapt the law to modern society, the courts have expanded the bases on which divorces obtained abroad will be recognized in Canada and Parliament has modified the domestic rules for the assumption of jurisdiction in divorce petitions. This has resulted in a significant increase in uncertainty and inconsistency in the law, which is evidenced in the large volume of litigation in this area. Analysis of the grounds for recognition of foreign divorces gives rise to a further concern, that is, the effect of a foreign divorce on the right of a spouse or former spouse to financial support. The chief unresolved problem, at least as far as Canadian divorce legislation is concerned, is the protection of a spouse's right to financial support in Canada when a foreign divorce is recognized here. Furthermore, if a foreign divorce is not recognized here, its effect on the right to financial support seems to be somewhat uncertain. Having considered the objectives of the law in this field, together with the current law and alternatives available to the legislature, it is submitted that law reform is desirable. Specific recommendations are formulated at the end of each of the three parts of the thesis.
Divorce -- Canada; Conflict of laws -- Divorce -- Canada
Law, Peter A. Allard School of