Foreign Divorce Opinion Letter in Ontario: How to Remarry After a Divorce Granted Outside Canada
If you or your partner were divorced in another country, Ontario will not issue a marriage licence until a lawyer confirms that divorce is valid here. This is how that review works, and how to avoid delays.
Key takeaways
- Ontario will not issue a marriage licence after a foreign divorce without a legal opinion letter from an Ontario lawyer, addressed to both people getting married.
- Section 22 of the federal Divorce Act recognizes a foreign divorce if either spouse was ordinarily resident in that country for at least one year before the divorce proceeding began.
- Courts also recognize foreign divorces under common law rules, for example where there was a real and substantial connection to the country that granted it.
- A divorce obtained by fraud, or without proper notice to the other spouse, may not be recognized.
- Bring the original divorce document, a certified English or French translation, and proof of where each spouse lived when the divorce started.
Every year, thousands of Ontarians who were divorced abroad discover the same obstacle when they apply to remarry: ServiceOntario will not process the marriage licence until an Ontario lawyer has reviewed the foreign divorce and given a written legal opinion that it is recognized in Canada. The requirement surprises people, but it exists for a good reason. A marriage entered into while a previous marriage is still legally in force is void, and the consequences for property, support and immigration status can be serious.
This guide explains the legal test, the documents you need, and the situations where an opinion cannot be given without further steps.
What is a foreign divorce opinion letter?
A foreign divorce opinion letter is a formal legal opinion from a lawyer licensed by the Law Society of Ontario. It confirms that, in the lawyer's opinion, the divorce granted outside Canada would be recognized under Canadian law. The letter is addressed to both people applying for the marriage licence, and it is filed with the marriage licence application, together with a signed Statement of Sole Responsibility from both applicants. The application is then reviewed for authorization before a licence is issued.
The opinion is not a rubber stamp. The lawyer must examine the divorce documents, the history of the marriage, and where each spouse was living, and apply the legal test below.
The legal test: section 22 of the Divorce Act
Recognition of foreign divorces is governed principally by section 22 of the Divorce Act. In plain terms:
- The one-year residence rule (s. 22(1)). A foreign divorce is recognized if it was granted by a competent authority and either former spouse was ordinarily resident in that country for at least one year immediately before the divorce proceeding started.
- Older divorces (s. 22(2)). Special rules apply to divorces granted after July 1, 1968 based on the domicile of the wife.
- Common law recognition (s. 22(3)). The Act preserves the common law rules. A divorce can still be recognized where, for example, either spouse had a real and substantial connection with the country that granted it, or the divorce would be recognized by the country where the spouses were domiciled.
Even where those tests are met, Canadian courts may refuse recognition where the divorce was obtained by fraud, where the other spouse did not receive proper notice and an opportunity to respond, or where recognition would be contrary to Canadian public policy.
Common situations we review
| Situation | What usually matters |
|---|---|
| Court divorce granted where both spouses lived for years | Usually straightforward under s. 22(1). We confirm the documents are final and properly translated. |
| Divorce granted in your home country after you had already moved to Canada | Whether either spouse still lived there for the year before the proceeding started, or had a real and substantial connection to it. |
| Religious or administrative divorce (no court) | Whether the country's law gives it legal effect, whether the process was a proceeding by a competent authority, and whether both spouses had notice. |
| Divorce document lists no date of finality | We obtain proof the divorce is final and no appeal remains, often a certificate of finality or equivalent. |
| The other spouse says they were never told | Notice and natural justice. This can prevent an opinion being given until the issue is resolved. |
Documents to bring to your consultation
- The original divorce judgment, decree or certificate, and proof that it is final.
- A certified translation into English or French if the document is in another language.
- Your marriage certificate from the earlier marriage.
- Proof of where each spouse lived in the year before the divorce began (leases, employment records, passports with entry stamps, tax filings).
- Government photo identification for both people getting married.
What if the foreign divorce cannot be recognized?
If the divorce does not meet the test, you are still married under Canadian law. The usual solution is to apply for a divorce in Ontario under the Divorce Act, which requires that one spouse has been ordinarily resident in the province for at least one year before the application. Where the foreign divorce left support or property issues unresolved, those can also be raised in Ontario in the right circumstances. We will tell you plainly which route applies and what it costs before you commit to anything.
How long does it take?
Where the documents are complete and the divorce clearly meets the test, we can usually review and issue the opinion promptly after your consultation. The marriage licence authorization that follows is handled by the province, and its processing time is outside our control, so plan the wedding date with a buffer of several weeks.
Frequently asked questions
Do both of us need to sign the paperwork?
Yes. The opinion letter is addressed to both applicants, and both of you sign the Statement of Sole Responsibility that is filed with the marriage licence application.
My divorce was granted in India, Pakistan, the Philippines or another country. Can you still help?
Yes. The test is the same for every country. What changes is the evidence, especially translations, proof of finality and proof of residence.
Can any lawyer write the opinion?
It must be a lawyer licensed by the Law Society of Ontario, and the opinion must be addressed to both applicants.
What if my former spouse obtained the divorce without telling me?
Lack of notice can be a reason a Canadian court refuses recognition. Book a consultation before you apply for a licence so we can assess it.
Sources
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 22 (Justice Laws Website)
- Town of Georgina, Foreign Divorce Kit (marriage licence requirements)
- Town of Newmarket, Foreign Divorce Kit
This article provides general information about Ontario and Canadian law as of the date above. It is not legal advice and does not create a lawyer-client relationship. Laws and court decisions change; speak with a lawyer about your specific circumstances.