The husband sought a divorce in Russia to circumvent financial obligations under Canadian law: court
The Ontario Court of Appeal has upheld a lower court's ruling that refused to recognize a Russian divorce, highlighting the issue of "unfair forum-shopping tactics" and its impact on spousal support entitlements in Ontario.
Russian citizens who married in 2012 and immigrated to Canada in 2018 found themselves at the center of a legal dispute in Vyazemskaya v. Safin, 2024 ONCA 156. The court noted that the husband, who moved out of the matrimonial home in November 2019, sought a divorce in Russia shortly after, aiming to circumvent the financial obligations imposed by Canadian law.
The Russian court granted the divorce in January 2020. However, under Russian law, the respondent did not qualify for spousal support, which starkly contrasted with what might have been expected under Ontario law. This prompted the wife to challenge the recognition of the Russian divorce in Ontario, arguing that it should not be recognized due to the husband’s attempts to evade Canadian spousal support obligations.
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The trial judge in Ontario sided with the wife, emphasizing that the husband had engaged in unfair forum shopping by pre-emptively seeking a divorce in Russia. The judge found this act contravened the spousal support objectives set out in the Divorce Act and was contrary to Canadian public policy, thereby refusing to recognize the Russian divorce.
On appeal, the husband argued that the trial judge improperly expanded the public policy exception, contending that the focus should be on repugnant laws rather than facts. However, the Court of Appeal disagreed, noting that "unfair forum-shopping tactics" could form a basis for refusing to recognize a foreign divorce.
The court highlighted the principles of partnership and equality emphasized in Canadian family law, protecting the financial rights of spouses following international divorces. The court reaffirmed the legal system's commitment to equitable spousal support arrangements and highlighted the potential consequences of bypassing these obligations through international legal maneuvers.
