Foreign Divorce Opinion Letter
People who live in Ontario who marry Canadians or people from other countries need to apply for a marriage license in the province/territory where they reside. You will also need to provide a required Divorce Certificate from a Canadian province/territory before a marriage license can be approved or provided.
A divorce from another country is likely valid in Canada if when you obtained your divorce either you or your spouse met the following criteria:
- You had a real and substantial connection to the place where you obtained the divorce
- When you had obtained your divorce, either you or your spouse had been a resident in the place that granted your divorce.
If you live in Ontario and have been divorced in another country and want to get remarried in the province, there is an additional document that is required. This document is called a Foreign Divorce Opinion Letter. These letters can only be obtained from a Lawyer licensed to practice law in Ontario and are needed before applying for a marriage certificate in Ontario. It is also important to note that if both parties were divorced outside of Canada they will each need to provide separate documentation.
This is a letter that you will need from a lawyer stating that your divorce will most likely be recognized in Canada under the federal Divorce Act. It is also required to ensure the divorce from the previous spouse is valid in the province. This is a key document that will enable you to obtain an authorization to marry.
The lawyer working on your Foreign Divorce Opinion Letter will also create a list of reasons as to why the foreign divorce is considered valid under the legal requirements for a divorce in the province of Ontario. The lawyer then has the Register General of Ontario review the letter and grant the approval for a marriage license.
If the divorce decree is written in a language that is not English or French, a translated copy would need to be provided in additional to the original and the translation must be certified.
Generally speaking, if you have normally lived in the place where you got the divorce, it will most likely be recognized in Canada. However, if the place does not have residency requirements and you have nothing to do with that place the divorce will most likely not be recognized in Canada.
Going through a divorce may be a difficult time, and having a lawyer help navigate the hurdles and steps will be extremely important. Trying to determine which forms you’d need to fill out can be a difficult process and stressful, we can help write a foreign divorce opinion letter for you. Give us a call today to find out how we can help with your case and for a free consultation.