Foreign Divorce Opinion Letter is prepared by an Ontario lawyer authorized by the Law Society of Ontario. Its purpose is to confirm the validity of a divorce or annulment obtained outside Canada, ensuring its recognition in Ontario, thus allowing the individual to remarry within the province.
If either you or your current partner obtained a divorce outside Canada or had a marriage annulled in a foreign country, you will need a Foreign Divorce Opinion Letter before marrying in Ontario, Canada.
Also, it applies if the previous marriage was annulled in another jurisdiction outside of Canada. In some countries without divorce laws, annulment serves the same purpose as divorce, dissolving the marriage.
Document required for Foreign Divorce Opinion Letter
- Marriage License Application: Both parties intending to marry must complete and sign the marriage license application.
- Divorce Decree: The original or a court-authenticated copy of the divorce decree must be provided. If the decree is in a language other than English or French, it should be accompanied by a certified translation.
- Statement of Sole Responsibility: This document is a declaration acknowledging that the issuance of the marriage license does not automatically recognize the validity of the foreign divorce or annulment in Ontario, Canada.
- Signed Statement Confirming Residency: The divorced party must provide a signed statement confirming residency in the jurisdiction where the divorce was granted for at least one year before applying for it. Alternatively, a statement demonstrating a substantial connection to the foreign country granting the divorce can suffice. This can include proof of employment, ownership of substantial property, or other relevant ties to the jurisdiction.
- Confirmation of residency in Divorce Jurisdiction: Within the Foreign Divorce Opinion Letter, an authorized Ontario lawyer assesses the validity and enforceability of the applicant’s foreign divorce concerning Ontario, Canada. This evaluation considers various factors, such as whether the foreign divorce meets Ontario’s minimum validity requirements. These requirements may include the residency of the divorced party or former spouse in the country where the divorce was granted for a minimum of 12 months or evidence of a significant connection to that country.
FAQs
Do you need to registered your Foreign Divorce in Canada?
No, you do not need to register foreign divorce in Canada but you need an authorization to remarry in Canada from the Ministry of Government and Consumer Services if you have obtained your divorce in another jurisdiction outside of Canada.
How do I know that my foreign divorce is valid in Canada?
To determine if your or your partner's divorce from a foreign country holds validity in Ontario, consider if either the divorced party or the former spouse lived in the foreign country for at least 12 months before obtaining the divorce, and ensure that the divorce is recognized by the laws of the foreign country.
I applied for a marriage license in Ontario without the Foreign Divorce Opinion Letter. Will it be approved?
No. Your marriage license application will be rejected unless you include the Foreign Divorce Opinion Letter when applying for a marriage license.
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