Divorce lawyer for NRIs in Canada
Canadian divorce and Indian divorce run on separate tracks, and a Canadian court order does not automatically close your marriage in India. Advocate Aayush Agarwal helps families in Ontario, British Columbia, Alberta, Quebec and elsewhere keep both tracks consistent.
Why an Indian decree still matters
Canada’s federal Divorce Act accepts a marriage breakdown shown by one year of separation, and the spouses can still live under one roof. Family property, however, is governed by provincial law, and the Indian marriage ends for Indian purposes only by an Indian decree. If you plan to remarry in India or hold property here, you will want the Indian side settled too.
From a Canadian notary to an Indian court
Canada joined the Hague Apostille Convention on 11 January 2024, so notarised documents are generally authenticated by an apostille from the competent authority. Before 2024 Indian consular attestation was the usual route. Because practice is still settling, confirm the requirement for your document before signing.
Canadian rules that touch an Indian case
- Sponsorship — if one spouse sponsored the other to Canada, the sponsorship undertaking runs for a set period, so take immigration advice alongside legal advice.
- Children — Canadian courts decide arrangements by the best interests of the child, and an order made there should be planned with India in mind.
- Assets in two countries — an order in one country does not automatically bind assets in the other.
Scheduling across time zones
India is 9.5 to 13.5 hours ahead of Canada. Evening calls in Toronto or Vancouver land in the Indian morning, which suits court hearings.
Our offices
Head office — Meerut
GF-271/5, Jagriti Vihar Extension-11,Meerut, Uttar Pradesh 250001
Directions on Google Maps · Justdial listing · Google Business Profile
Branch office — Gurugram
LGF, R13 SG 92-2, SG City, Sector 92,Gurugram, Haryana 122505
Office hours: Monday–Saturday, 10:00–19:00. Phone and WhatsApp: any time.
Useful guides
Frequently asked questions
Can I divorce in India while I live in Canada?
Usually yes. A Special Power of Attorney and video appearance let most steps run from Canada.
Is a Canadian divorce valid in India?
Not automatically. An Indian court examines a foreign decree, and it can be challenged where jurisdiction or merits conditions were not met.
Do I still need Indian consular attestation?
Since January 2024 an apostille is generally used instead. Confirm the current rule for your document before you sign.
Does the separation have to be in different homes?
Under Canadian law spouses can be separated while living in the same home. Indian law has its own tests, so we assess both.