With more Canadians facing cross-border marriages and assets abroad, Montreal lawyer Niousha Riahi shares expert insight on navigating the legal complexities of international divorces and protecting family rights under Quebec law.
MONTREAL, Oct. 15, 2025 /PRNewswire-PRWeb/ -- Navigating Global Divorces: Montreal Lawyer Niousha Riahi Shares Insight on International Family Law Complexities
With a growing number of Canadians owning assets abroad or entering cross-border marriages, international family law is no longer a niche practice—it's a critical legal area where misunderstanding the rules can result in costly mistakes. Montreal-based family lawyer Niousha Riahi, a seasoned expert in complex international divorce matters, is urging families to seek tailored legal advice when global assets or international jurisdictions are involved.
"There's a myth I often encounter," says Riahi. "Clients think that if a property is outside of Canada, Quebec's rules don't apply. That's not true. When assessing asset division, we must determine if the asset forms part of the family patrimony. If it does, Quebec law applies regardless of the property's location."
Equally misunderstood is the belief that registering a marriage outside Quebec automatically exempts a couple from Quebec's matrimonial laws. "The applicable matrimonial regime is determined not only by where the marriage was registered," she explains, "but even more importantly by where the couple first began living together."
For foreign divorce judgments, Canadian courts may not always grant automatic recognition. "If the parties haven't lived in a Canadian province for at least one year, they may need to obtain a divorce elsewhere," Riahi explains. "But to make that judgment valid here, it must be ratified and exemplified in Quebec. And even then, rulings around parenting, family patrimony and support might not be recognized if they contradict Canada's public order protections."
With globalization and immigration reshaping family structures, Riahi says international considerations are now common. "It's no longer rare to see cases where both Quebec and a foreign jurisdiction's laws apply. These are not cases you handle using the same laws or procedures we use in standard Quebec divorces."
In such situations, Riahi often collaborates with jurisconsults—legal experts from foreign jurisdictions—whose input is essential to arguing cases that touch multiple legal systems. "For instance, countries that are not party to the Hague Convention on child protection present real challenges," she adds. "And in certain religious contexts—be it Muslim or Jewish divorces—creative legal drafting is needed to ensure enforceability and fairness, especially for religious divorce or gift of marriage, also called dowry or marriage portion, that we either need to settle or litigate before the courts in Québec."
When asked what makes her approach unique, Riahi emphasizes both experience and negotiation strategy. "We not only know how to litigate—we understand when negotiation brings better outcomes. Especially when religious or cultural expectations are involved, or when the assets are abroad, judicial procedures could be limited, complex or less effective. But a well-negotiated clause can offer a solution court may not offer, at least rapidly."
She concludes with practical advice for couples with global assets: "Before registering a marriage or making large capital investments, get informed about your rights. You have the option to draft contracts that protect your interests—don't wait until it's too late."
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Me Niousha Riahi 1
Ranked among Best Lawyers in family law in Montréal [BestinMtl ranking]
Ranked Top 3 Civil Lawyer in Montreal [2024 and 2025 Threebestrated]
Ranked Top 10 Small Business Lawyer in Montreal [Trustanalytica ranking]
LL.B., J.D., LL.M., Member of the Québec Bar since 2015
Fluent in English, French, and Persian
Specialist in Cross-Border and International Family Law
Media Contact
Riahi Legal, Riahi Legal, 1 5148063454, [email protected], https://www.riahilegal.com/
SOURCE Riahi Legal
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