Foreign Divorce Opinion Letters in Ontario
Divorced outside Canada? You may need a legal opinion beforeyou can remarry here.
If your divorce was granted in another country, Canadian authorities, including Service Ontario marriage licence offices, will often require proof that your foreign divorce is legally recognized in Canada before they will issue you a marriage licence or permit you to remarry.
That proof takes the form of a Foreign Divorce Opinion Letter — a formal legal opinion prepared by a Canadian lawyer confirming that your foreign divorce is valid and recognized under Canadian law.
These letters can be surprisingly difficult to find a lawyer willing and experienced enough to prepare. Megan prepares them, and genuinely enjoys this work. If you need one, you have found the right place.
Why is a Foreign Divorce Opinion Letter required?
Canada recognizes foreign divorces under the Divorce Act, but recognition is not automatic. A foreign divorce is generally recognized in Canada if, at the time the divorce was granted, either spouse was ordinarily resident in the country where the divorce was granted for at least one year immediately before the proceedings began.
The rules become more complex depending on the country involved, the grounds on which the divorce was granted, and the nature of the foreign legal proceedings.
Marriage licence offices in Ontario are not equipped to make this legal determination themselves. They require a formal legal opinion from a Canadian lawyer confirming that the foreign divorce meets the requirements for recognition under Canadian law.
What does the process look like?
Megan works efficiently and will guide you through the process from start to finish.
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Step 1 — Initial consultation
Megan reviews your situation, the country where your divorce was granted, and the documentation you have available.
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Step 2 — Document review
You provide your foreign divorce documentation — the divorce decree or certificate, any relevant supporting documents, and proof of the applicable facts (residency at the time of the proceedings, etc.).
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Step 3 — Legal research and analysis
Megan researches the applicable international family law principles, the relevant provisions of the Divorce Act, and any specific considerations for the country involved.
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Step 4 — Opinion letter
Megan prepares a formal legal opinion letter confirming whether, and on what basis, your foreign divorce is recognized under Canadian law.
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Step 5 — Delivery
The completed opinion letter is delivered to you electronically. You present it to the marriage licence office or other authority as required.
What documents will you need?
The specific documentation varies depending on the country and the circumstances, but typically includes:
The original divorce decree or certificate, ideally with a certified translation if not in English or French
Proof of residence in the country where the divorce was granted at the time of the proceedings
Any other documentation specific to the country's legal system
Megan will advise you on exactly what is needed once she has reviewed your situation.
Countries Megan commonly handles
Megan has prepared Foreign Divorce Opinion Letters for clients with divorces from a wide range of countries. Every file is different, and the research required varies accordingly.If you are uncertain whether your specific situation can be addressed, the best first step is a consultation.