If you were divorced or had a marriage annulled outside Canada and now want to remarry in Ontario, you may need a foreign divorce opinion letter, also called a legal opinion letter concerning a foreign divorce.
Ontario requires additional approval before a marriage licence can be issued to someone whose previous marriage was dissolved or annulled outside Canada. As part of that process, the Government of Ontario requires a legal opinion letter from an Ontario lawyer explaining why the foreign divorce or annulment should be recognized in Ontario.
The letter forms part of an application for authorization to marry after an out-of-country divorce.
At Gelman & Associates, our Toronto family lawyers can review your foreign divorce documents and prepare the legal opinion letter required for the Ontario application process.
To discuss a foreign divorce opinion letter, call 1-844-736-0200 or contact Gelman & Associates.
Key Takeaways About Foreign Divorce Opinion Letters In Ontario
- A person divorced outside Canada generally needs additional authorization before obtaining an Ontario marriage licence.
- The application generally includes a legal opinion letter from an Ontario lawyer.
- The lawyer reviews whether the foreign divorce or annulment should be recognized under Canadian and Ontario law.
- You will generally need the foreign divorce decree or annulment order, a marriage licence application and a Statement of Sole Responsibility.
- Documents in a language other than English or French require an appropriate translation.
- The legal opinion letter is submitted as part of the application for authorization to marry.
- A sample legal opinion letter may be available to the lawyer from Ontario’s Office of the Registrar General, but applicants should not rely on a generic online template for their own circumstances.
What Is A Foreign Divorce Opinion Letter?
A foreign divorce opinion letter is a legal opinion prepared by an Ontario lawyer for someone who was divorced or had a marriage annulled outside Canada and wants to marry in Ontario.
Ontario’s Marriage Act provides that a marriage licence generally cannot be issued to a person whose previous marriage was dissolved or annulled outside Canada unless written authorization is obtained after the required material is submitted.
The legal opinion letter helps the Ontario government determine whether the foreign divorce or annulment should be recognized for the purpose of allowing the person to remarry.
The lawyer does not grant the authorization. The lawyer provides the legal opinion that forms part of the application considered by the Ontario government.
What Is A Legal Opinion Letter From An Ontario Lawyer?
A legal opinion letter from an Ontario lawyer is a written professional opinion applying the relevant law to the facts and documents provided.
In the foreign-divorce context, the lawyer is addressing whether there is a legal basis for Ontario to recognize the divorce or annulment so the applicant can seek authorization to remarry.
The legal opinion letter is therefore different from:
- A divorce certificate
- A marriage licence
- The foreign divorce decree itself
- The Statement of Sole Responsibility
- The government’s authorization to marry
These documents perform different functions within the process.
When Do You Need A Foreign Divorce Opinion Letter In Ontario?
You may need one where:
- You were previously married
- Your divorce was granted outside Canada
- Your previous marriage was annulled outside Canada
- You now want to obtain a marriage licence in Ontario
The Government of Ontario states that people who were divorced outside Canada must provide additional documentation before they can obtain a marriage licence.
A Canadian divorce generally follows a different proof process.
What Documents Are Needed For A Foreign Divorce Opinion Letter?
The exact documentation can depend on your circumstances, but Ontario currently identifies several core documents for an application involving an out-of-country divorce.
Marriage Licence Application
You will generally need a completed and signed marriage licence application. This identifies the people intending to marry and forms part of the authorization package.
Foreign Divorce Decree Or Annulment
You will need a copy of the document that formally ended the previous marriage in the foreign jurisdiction.
This may be called:
- A divorce decree
- Divorce judgment
- Certificate or order of divorce
- Annulment order
- Another equivalent document depending on the country
Ontario requires the divorce decree or annulment document to be provided in English or French.
Translation Of Foreign-Language Documents
If the divorce decree or annulment is in another language, Ontario requires a translated copy and an affidavit sworn by a certified translator. Do not assume that an informal translation will be sufficient.
Statement Of Sole Responsibility
Ontario also requires a Statement of Sole Responsibility for each foreign divorce.
The statement is signed by both people intending to marry and a witness.
It acknowledges that obtaining authorization or a marriage licence does not itself constitute a broader legal determination of every possible issue concerning the foreign divorce.
Information About Residence Or Connection To The Foreign Jurisdiction
The lawyer may also need information showing the legal basis on which the foreign divorce can be recognized in Canada.
Section 22 of the federal Divorce Act provides an important recognition rule where either former spouse was habitually resident in the foreign country or subdivision for at least one year immediately before the foreign divorce proceeding began.
Other recognition rules may also potentially apply depending on the circumstances.
Your lawyer may therefore ask for evidence relating to residence, domicile, citizenship, work, property or another meaningful connection to the foreign jurisdiction.
What Does The Ontario Lawyer Review for the Opinion Letter?
The lawyer preparing the foreign divorce opinion letter reviews the relevant documents and considers whether the foreign divorce or annulment should be recognized in Ontario.
That analysis may include:
- Where the divorce was granted
- Which court or authority granted it
- Whether the divorce appears final
- Where each former spouse lived before the divorce proceeding began
- The legal connection between the spouses and the foreign jurisdiction
- Whether the applicable Canadian rules for recognizing the foreign divorce are satisfied
- Whether the supporting documents appear sufficient for the Ontario application
The lawyer then provides a written legal opinion explaining the basis for recognition to the court in Ontario.
Who Can Write A Foreign Divorce Opinion Letter In Ontario?
Ontario’s official process requires the legal opinion letter to be prepared by an Ontario family lawyer.
The current government guidance does not describe a separate special certification or authorization from the Law Society of Ontario that a lawyer must obtain specifically to prepare these letters.
The Office of the Registrar General can also provide a sample legal opinion letter to the lawyer on request.
Can I Use A Foreign Divorce Opinion Letter Ontario Sample?
Although samples of Ontario foreign divorce opinion letters are available on the internet, an online template is not a substitute for an Ontario lawyer reviewing the circumstances of the actual divorce.
Ontario itself allows a sample legal opinion letter to be requested for the lawyer preparing the application.
The reason individualized review matters is that foreign divorces can involve different:
- Countries
- Court systems
- Divorce procedures
- Residence histories
- Jurisdictional connections
- Documentary requirements
A generic sample cannot determine whether a particular foreign divorce will be recognized.
How Are Foreign Divorces Recognized In Canada?
Section 22 of Canada’s Divorce Act contains an important rule for recognizing foreign divorces.
A foreign divorce granted by a competent authority can be recognized for determining marital status in Canada where either former spouse was habitually resident in that country or subdivision for at least one year immediately before the foreign divorce proceeding began.
The Divorce Act also preserves other legal rules concerning recognition of foreign divorces.
As a result, the analysis is not always limited to one single test. The facts of the previous marriage, divorce, and connection to the foreign jurisdiction can matter. For more information about divorce and separation in Ontario, contact our lawyers today.
What Happens After The Legal Opinion Letter Is Prepared?
Once the lawyer has prepared the opinion letter and the remaining documents are ready, the application package is submitted to the Ontario government for authorization.
The package generally includes:
- The completed marriage licence application
- The Statement of Sole Responsibility
- The legal opinion letter
- The foreign divorce decree or annulment
- Any required translation documents
- Other supporting material required for the particular case
Ontario states that these documents must be validated before the person can proceed with the marriage licence process. Once authorization is obtained, the applicant can continue with the marriage licence application. In such cases, our Toronto marriage and common law lawyers may be able to assist.
How Long Does Foreign Divorce Authorization Take In Ontario?
Ontario currently advises that validation of the documents for an out-of-country divorce may take up to approximately four weeks.
That timeline is a government estimate rather than a guarantee.
Additional time may be required if:
- Documents are missing
- A translation is required
- The divorce record is difficult to obtain
- Additional evidence about residence or jurisdiction is required
- The Office of the Registrar General requests clarification
If you are planning a wedding, it is sensible to address the foreign divorce documentation well before the intended marriage date.
What If I Cannot Prove I Lived In The Country For One Year?
The one-year habitual residence rule in section 22 of the Divorce Act is an important route for recognition, but the statute also preserves other recognition rules.
This means a case should not automatically be assumed to fail solely because the one-year habitual residence test does not appear to apply.
A lawyer can review whether another legal basis for recognition may exist based on the connection between the former spouses, the marriage and the jurisdiction that granted the divorce.
What If The Foreign Divorce Was An Annulment?
Ontario’s process can also apply to a foreign annulment.
If a previous marriage was annulled outside Canada, the Ontario government may similarly require documentation and a legal opinion addressing whether the annulment should be recognized before a marriage licence can be issued.
What Happens If I Apply For A Marriage Licence Without Foreign Divorce Authorization?
Under Ontario’s Marriage Act, a marriage licence generally cannot be issued to a person whose previous marriage was dissolved or annulled outside Canada unless the required written authorization has been obtained.
The practical result is that the foreign-divorce issue needs to be resolved before the marriage licence can proceed.
Frequently Asked Questions About Foreign Divorce Opinion Letters
Is A Foreign Divorce Opinion Letter Mandatory In Ontario?
Where a person was divorced or had a marriage annulled outside Canada and now wants an Ontario marriage licence, Ontario’s current process requires a legal opinion letter as part of the authorization documentation.
Is A Divorce Opinion Letter The Same As A Divorce Certificate?
No. The foreign divorce decree or certificate proves that a divorce was granted. The opinion letter is the Ontario lawyer’s legal analysis of whether that foreign divorce should be recognized for the Ontario marriage-licence process.
Does The Lawyer Approve My Foreign Divorce?
No. The Ontario lawyer provides the legal opinion. The Ontario government determines whether to issue the required authorization based on the legal opinion letter.
Can Any Ontario Lawyer Prepare A Foreign Divorce Opinion Letter?
Ontario’s published requirements state that the opinion letter must come from an Ontario lawyer. Your lawyer should have sufficient information and documentation to assess the foreign divorce and the applicable recognition rules. It is recommended that you work with a family lawyer who understands legal rights and responsibilities when it comes to marriage and divorce in the province.
How Far In Advance Should I Start The Process?
Because Ontario states that document validation may take up to approximately four weeks, and additional time can be required to obtain foreign records or translations, it is prudent to begin well before your intended wedding date.
Need A Foreign Divorce Opinion Letter In Ontario?
A foreign divorce can add an extra legal step when you want to remarry in Ontario, but preparing the correct documents at the outset can help reduce avoidable delays.
Gelman & Associates can review your foreign divorce or annulment documents, assess the applicable recognition rules and prepare the legal opinion letter required for the Ontario authorization process.
To discuss a foreign divorce opinion letter in Ontario, call 1-844-736-0200 or contact Gelman & Associates online.
