My ex-spouse has moved outside of Canada. How can I ensure that the order pertaining to our divorce will be enforced?
Whether or not the court order will be enforceable depends greatly on where exactly your former spouse has relocated. Different places around the world have different agreements with Canada, or no agreement at all, in terms of enforcing court orders.
There are some jurisdictions that have, what is commonly referred to as, reciprocal enforcement agreements with Canada. For example, if your ex-spouse were to relocate to a jurisdiction within the United States, then the court order would be enforceable.
In the event that your spouse is moving to an area that does not have reciprocal enforcement agreements with Canada, you ought to consider and discuss the following with your lawyer:
- Requesting lump sum support.
- Obtaining security in order to compensate you in the event that things such as support payments were unenforceable, or in the event that your ex-spouse is in contempt of the order. This property would be held “in trust," meaning that you would not freely have access to it. In the event that your ex-spouse does not provide the requisite support, that property will be available to you.
For more information on the options available to you, to protect yourself, in the event that your ex-spouse is planning on moving outside of Canada, contact Krol & Krol at 905.707.3370.
