Many people finish a divorce in China and assume the matter is closed. But if there is still a house in Toronto, a few bank accounts, or shares in a Canadian company, will an Ontario court step in? It might. It depends on what the Chinese court actually decided, how you took part in the Chinese case, and how strong the connection to Ontario is.
Two Common Misunderstandings
"Once I'm divorced in China, Ontario can't do anything."
Recognizing a foreign divorce settles marital status: whether you are still married in Canada. Under s. 22 of the federal Divorce Act, a foreign divorce is generally recognized if either spouse was habitually resident in that country for at least one year before the proceeding started. Recognition of the divorce does not necessarily dispose of the property. In Cheng v. Liu, 2017 ONCA 104, the Court of Appeal held that a party may still seek an equalization of net family property under Ontario's Family Law Act despite a valid foreign divorce (para. 33).
"If China didn't divide the property, Ontario will redo it."
Not necessarily. Where a Chinese court has made a final property order, or a property case is still underway in China, Ontario courts generally respect the Chinese process. The three cases below show three different outcomes.
Spousal support is a different story. Once a foreign divorce is recognized, a fresh claim for spousal support in Ontario is essentially unavailable. The support part of the Family Law Act does not cover "former spouses," while the property part does (Cheng v. Liu, para. 34; Zhao v. Wang, paras. 48-50).
Five Questions the Court Asks First
1. Is the Chinese divorce valid?
The test is s. 22 of the Divorce Act. The party attacking a foreign divorce bears the onus, and cannot ask the court to refuse recognition simply because Ontario would be a better forum for them (Zhao v. Wang, para. 44).
2. What did the Chinese court actually decide?
Did it decide only divorce and custody, or child support and property as well? Ontario has room to act on issues China did not decide (Cheng v. Liu, paras. 43-44); issues already decided there generally will not be reopened (Yan v. Xu, para. 81).
3. How did you participate in the Chinese case?
Retaining a representative, filing submissions, or appealing will usually be treated as attornment to the Chinese court's jurisdiction, after which it is very hard to argue the judgment does not bind you (Yan v. Xu, paras. 31, 36-41). The defences to a foreign judgment are narrow: fraud, a breach of natural justice (such as no notice or no opportunity to be heard), and public policy (para. 43).
4. Does Ontario have jurisdiction?
The Family Law Act contains no jurisdiction rule, so courts ask whether there is a real and substantial connection to Ontario; even if there is, the court may decline if another forum is clearly more appropriate (Wang v. Lin, 2013 ONCA 33, paras. 19-21). In that case, the parties had a Toronto house and bank account, but their real home was in China, and the Court of Appeal found Ontario lacked jurisdiction (paras. 44, 47). Property or a company in Ontario is an important connecting factor, but it does not guarantee Ontario will hear the case.
5. Whose law applies?
Section 15 of the Family Law Act provides that spouses' property rights are governed by the internal law of the place of their last common habitual residence, and by Ontario law only if there is none. A case heard in Ontario is not necessarily decided under Ontario's property rules.
Three Public Cases, Three Outcomes
The husband lived in Mississauga; the wife lived in China. The Chinese court granted the divorce and custody, but because the husband had not disclosed his Canadian income and assets, it did not deal with support or property and said those claims could be pursued in Canada (paras. 14-16). The Court of Appeal held that the husband's Ontario residence was a real and substantial connection (para. 31). The wife could claim equalization and child support under the Family Law Act, but not spousal support (paras. 33, 34, 43, 44).
The parties married in Toronto in 2014. The wife had lived in Ontario since 2013; the husband lived in China. In 2022 the wife herself started a divorce case in China, also seeking custody, support and property division (paras. 3, 6, 7, 12, 13). In 2023 the Chinese court granted the divorce, custody, and child support of RMB 10,000 a month, but did not divide property for lack of evidence, leaving a separate claim open (paras. 21, 23, 25); her appeal was dismissed (paras. 26, 27). In 2024 the husband started a separate property case in China, set for trial on July 30, 2026 (para. 28).
She then applied in Ontario, alleging the Chinese divorce was invalid. The court recognized the Chinese divorce and dismissed her Ontario claims for divorce, spousal support and child support (paras. 47, 57, 67). On property, the court confirmed Ontario retains jurisdiction over equalization where a foreign court has not dealt with it (para. 76), but with the Chinese property case underway and uncertainty over whether China would deal with the Ontario property (paras. 79-80), it stayed the property claim pending the Chinese proceeding (paras. 81, 86).
The husband started three proceedings in China (para. 17). The Chinese divorce judgment dealt with child support and property and became final (paras. 20, 23). The wife gave her parents powers of attorney, filed written submissions, and appealed; the court found she had attorned (paras. 36-41). Chinese child support lower than Ontario's guidelines was not a public policy ground to refuse recognition (paras. 56, 57). The court recognized and enforced the Chinese judgments (para. 75) and found Ontario had no jurisdiction over child support (para. 81).
Limitation Periods: Don't Wait
Under s. 7(3) of the Family Law Act, an equalization claim must be brought before the earliest of: two years after the marriage is terminated by divorce; six years after separation with no reasonable prospect of resuming cohabitation; and six months after the first spouse's death. The provision does not carve out foreign divorces, so do not assume the two years start only when you sue in Ontario. The cautious approach is to count from the date the Chinese divorce became final.
Section 2(8) lets the court extend the time if there are apparent grounds for relief, the delay was in good faith, and no one will suffer substantial prejudice.
Documents to Keep Now
- The Chinese divorce judgment or mediation agreement, proof it is final, and any appeal or retrial documents;
- Pleadings and everything you filed in China;
- Service records, hearing notices and powers of attorney;
- Filing notices, hearing notices and progress records for any Chinese property case;
- Title and mortgage documents for Ontario property, and share and financial records for any Canadian company;
- Residence evidence: visas or PR card, tax-filing address, children's school records;
- Evidence of the date of separation;
- Certified English translations of Chinese documents.
Bottom Line
A Chinese divorce neither wipes out nor automatically reopens the question of your Canadian property. An Ontario court will look at what China decided, how you participated, how closely the matter is connected to Ontario, and whether you are within time. If this sounds like your situation, gather the documents above and have a lawyer familiar with both systems review them.
Enter each spouse's assets and debts at the date of marriage and the valuation date for a preliminary estimate of net family property and the equalization payment. The result is an estimate only.
Use the Property Division Calculator →Frequently Asked Questions
I divorced in China. Can I still divide the Toronto house in Ontario?
Possibly, but not necessarily. If the Chinese court did not deal with that property and there is a real and substantial connection to Ontario, an Ontario court may still deal with equalization under the Family Law Act. If the Chinese court has made a final property order, or a property case is ongoing in China, Ontario courts generally respect the Chinese process.
Can I claim spousal support in Ontario after a Chinese divorce?
Usually not. Once the foreign divorce is recognized, the parties are former spouses, and the support part of Ontario's Family Law Act does not apply to former spouses. The property equalization part does.
Does defending the case in China affect an Ontario case?
Yes. Retaining a representative, filing submissions, or appealing will usually be treated as attornment to the Chinese court. Relitigating in Ontario afterwards is very difficult, limited to narrow grounds such as fraud, breach of natural justice, or public policy.
Sources
- Zhao v. Wang, 2026 ONSC 3821
- Cheng v. Liu, 2017 ONCA 104
- Yan v. Xu, 2023 ONSC 1288
- Wang v. Lin, 2013 ONCA 33
- Divorce Act, s. 22
- Family Law Act, ss. 2(8), 7(3), 15
This article provides general information about Ontario law as of the date of publication and is not legal advice. It does not create a solicitor-client relationship. Outcomes depend on the specific facts; please consult a lawyer about your circumstances.
