Last updated: August 30, 2026
If you were divorced outside Canada and now want to get married in Ontario, your foreign divorce usually needs to be dealt with before an Ontario marriage licence can be issued.
The process is commonly referred to as obtaining a Foreign Divorce Authorization.
This is different from the foreign divorce opinion letter prepared by your lawyer.
The opinion letter is one of the documents used in the application. The Foreign Divorce Authorization is the written authorization issued through Ontario's process after the required materials are reviewed.
That distinction causes a lot of confusion, so it is worth understanding the process before you apply for your marriage licence.
What is a Foreign Divorce Authorization?
A Foreign Divorce Authorization is the written authorization required in Ontario when a person applying for a marriage licence was previously divorced or had a marriage annulled outside Canada.
Ontario law specifically addresses this situation.
Under section 8 of Ontario's Marriage Act, a marriage licence cannot be issued to a person whose previous marriage was dissolved or annulled outside Canada unless the required written authorization is obtained.
In practical terms, the authorization confirms that the foreign divorce has been reviewed for the purpose of allowing the Ontario marriage-licence process to move forward.
It is not a new divorce order.
It does not re-divorce you.
And it is not the same document as the lawyer's foreign divorce opinion letter.
For an explanation of the lawyer's document, see What Is a Foreign Divorce Opinion Letter and Do I Need One?.
Who needs a Foreign Divorce Authorization in Ontario?
You will generally need to complete the foreign-divorce authorization process if:
- you were previously married
- that marriage ended through a divorce or annulment outside Canada; and
- you now want an Ontario marriage licence.
The issue can arise whether the divorce happened recently or many years ago.
It can also arise whether you are a Canadian citizen, permanent resident, temporary resident or visitor.
The key question is where the previous divorce was granted.
For a more detailed eligibility breakdown, see Who Needs a Foreign Divorce Opinion Letter in Ontario?.
Why does Ontario require authorization for a foreign divorce?
Before issuing a marriage licence, Ontario needs to be satisfied that the people applying for the licence are legally free to marry.
A divorce granted in Canada can normally be established through accepted Canadian divorce records.
A divorce granted outside Canada creates an additional issue:
Can that divorce be recognized for the purpose of determining the person's marital status in Canada?
Canadian law contains rules governing recognition of foreign divorces.
For example, section 22 of Canada's Divorce Act provides an important statutory route to recognition where either former spouse was habitually resident in the country or subdivision that granted the divorce for at least one year immediately before the divorce proceeding began.
Section 22 also preserves other rules of law concerning foreign-divorce recognition.
The Foreign Divorce Authorization process gives Ontario a mechanism to address that recognition issue before a new marriage licence is issued.
For more background, see our Foreign Divorce Recognition in Ontario guide.
Is the Foreign Divorce Authorization the same as the opinion letter?
No.
These are two different things.
The easiest way to think about them is:
| DocumentWhat it isWho prepares or issues it | ||
| Foreign divorce opinion letter | A lawyer's legal opinion addressing recognition of the foreign divorce | Ontario lawyer |
| Foreign Divorce Authorization | The written authorization required before the Ontario marriage-licence process can proceed | Ontario / Office of the Registrar General process |
The opinion letter is therefore part of the application package.
The authorization is the government approval obtained after the package has been submitted and reviewed.
What documents are needed for a Foreign Divorce Authorization?
The current Ontario process requires a package of documents.
Ontario's Getting Married guidance identifies the documents required when a person was divorced outside Canada.
The package generally includes:
- a completed and signed Marriage Licence Application
- a Statement of Sole Responsibility for each applicable foreign divorce
- a legal opinion letter from an Ontario lawyer
- the required foreign divorce decree, judgment, certificate or annulment document; and
- appropriate translation material if the divorce document is not in English or French.
The City of Toronto's current marriage-licence guidance also lists these requirements for applicants who were divorced outside Canada.
For a more detailed document checklist, see our Foreign Divorce Opinion Letter Requirements page.
What is the Statement of Sole Responsibility?
The Statement of Sole Responsibility is one of the documents included in Ontario's foreign-divorce authorization package.
It is separate from both:
- your foreign divorce document; and
- your lawyer's legal opinion letter.
The form deals with the applicant's responsibility in relying on the foreign divorce for the Ontario marriage-licence process.
Because the Statement of Sole Responsibility serves a different role from the lawyer's opinion letter, both can be required as part of the same package.
We will cover this document separately in our upcoming article What Is a Statement of Sole Responsibility?.
Who prepares the legal opinion letter?
The legal opinion included in the Foreign Divorce Authorization package must be prepared by an Ontario lawyer.
This is not simply a notarized letter.
It is also not something a translator prepares.
The lawyer reviews the relevant divorce documents and circumstances and provides a legal opinion addressing why the foreign divorce should be recognized for the Ontario process.
Depending on the case, that review can involve questions such as:
- where the divorce was granted
- whether it is final
- where the former spouses lived
- the basis on which the foreign authority had jurisdiction
- whether the documentation is complete; and
- whether additional recognition principles need to be considered.
For more information, see What Is a Foreign Divorce Opinion Letter and Do I Need One?.
Where is the Foreign Divorce Authorization application sent?
Current Ontario and Toronto guidance directs the foreign-divorce authorization package to the Office of the Registrar General / ServiceOntario Marriage Office.
The City of Toronto's current instructions list the current mailing details for the Marriage Office in Thunder Bay.
Can I apply for my marriage licence before getting the authorization?
Do not assume that you can complete the marriage-licence process first and deal with the foreign divorce later.
Toronto's current guidance states that once you receive the Foreign Divorce Authorization, you can make your marriage-licence appointment.
It also states that if you arrive at the appointment without the required Foreign Divorce Authorization, the marriage licence will not be issued.
That makes the order of operations important:
- deal with your foreign divorce
- prepare the required authorization package
- obtain the Foreign Divorce Authorization
- then proceed with your Ontario marriage-licence appointment.
If you already have a wedding date, this is something to address early.
How long does a Foreign Divorce Authorization take?
Ontario's current public guidance states that documents relating to a divorce outside Canada may take up to four weeks to process.
That government processing period is different from the time it takes your lawyer to prepare the foreign divorce opinion letter.
These are two separate timelines.
For example:
Lawyer timeline: preparation and legal review of the opinion letter.
Government timeline: review of the Foreign Divorce Authorization package.
Do not interpret a fast lawyer turnaround as a guarantee that the government authorization will be issued within the same period.
See our Foreign Divorce Opinion Letter Cost & Timeline page for current information about our lawyer-preparation timelines.
Does receiving the lawyer's opinion letter mean I already have authorization?
No.
This is a particularly important point.
Receiving your lawyer's foreign divorce opinion letter means one important part of your authorization package has been prepared.
It does not mean that the Ontario government has already issued the Foreign Divorce Authorization.
The legal opinion still needs to form part of the required package for the government process.
The safest way to think about it is:
Opinion letter = lawyer's legal analysis
Foreign Divorce Authorization = government authorization
Marriage licence = separate document obtained after the required authorization step
These documents occur at different stages.
Does the Foreign Divorce Authorization replace my marriage licence?
No.
The Foreign Divorce Authorization does not allow you to get married by itself.
It allows the foreign-divorce issue to be addressed so that your marriage-licence application can proceed.
You still need to obtain a valid Ontario marriage licence and meet the other requirements that apply to getting married in Ontario.
The authorization is therefore a prerequisite in the foreign-divorce situation, not a substitute for the licence.
What if my foreign divorce is clearly valid in the country where it happened?
You may still need to complete Ontario's foreign-divorce authorization process before receiving an Ontario marriage licence.
The fact that a divorce is valid under the law of the country that granted it is important.
However, Ontario's process also deals with whether the foreign divorce can be treated as recognized for determining marital status here.
This is why an existing foreign divorce certificate does not automatically replace the legal opinion or government authorization process.
For a deeper discussion of the distinction, see our Foreign Divorce Recognition in Ontario guide.
What can delay a Foreign Divorce Authorization?
Delays can happen before the package even reaches the government.
Common issues include:
- a missing or incomplete divorce document
- a divorce document that does not clearly show finality
- missing pages
- inconsistent names or dates
- inadequate translations
- unclear information about where the spouses lived
- incomplete forms; or
- a recognition issue that requires more legal analysis.
Our guide to common issues with foreign divorce documents in Ontario explains several of these problems in more detail.
Can a missing translation delay the process?
Yes.
If the foreign divorce document is not in English or French, Ontario requires appropriate translation documentation.
See our guide to certified translations for foreign divorce documents in Ontario.
Can an unclear divorce date or name mismatch cause a problem?
Potentially.
If the information in the divorce record does not match the applicant's identification or other records, the discrepancy may need to be explained or supported with additional documentation.
It is better to identify those issues before submission than after the package is already being reviewed.
Do I need to go to court for a Foreign Divorce Authorization?
The standard Foreign Divorce Authorization process for an Ontario marriage licence is an administrative process, not a new divorce proceeding.
You are not normally applying to an Ontario court to obtain the divorce again.
Instead, the process generally involves:
- gathering the required documents
- obtaining the Ontario lawyer's legal opinion
- completing the required forms
- submitting the package; and
- receiving the authorization before the marriage licence is issued.
More complicated recognition situations can require individualized legal advice, but the standard authorization process should not be confused with filing for a new divorce in Ontario.
Can the Foreign Divorce Authorization process be completed online?
Parts of the process can be handled remotely, particularly the lawyer's document review and preparation of the legal opinion letter.
ForeignDivorceOpinion.com's intake process can generally be completed remotely for clients across Ontario.
However, the government submission requirements for the authorization package should always be checked against current Ontario instructions.
Do not assume that every part of the government process is digital simply because your lawyer can prepare the opinion letter remotely.
What happens after I receive the Foreign Divorce Authorization?
Once the authorization has been issued, you can move forward with the marriage-licence process.
For example, Toronto currently instructs applicants to make their marriage-licence appointment after receiving the Foreign Divorce Authorization.
You should keep the authorization together with the other documentation required for your appointment.
The authorization does not replace the remaining marriage-licence requirements.
It resolves the specific issue created by the previous foreign divorce.
Foreign Divorce Authorization process at a glance
| StageWhat happens | |
| 1. Gather the divorce documents | Obtain the foreign divorce decree, judgment, certificate or final order and any required translation |
| 2. Lawyer review | An Ontario lawyer reviews the foreign divorce and surrounding circumstances |
| 3. Opinion letter prepared | The lawyer prepares the legal opinion required for the package |
| 4. Complete Ontario documents | Complete the Marriage Licence Application and Statement of Sole Responsibility |
| 5. Submit authorization package | Send the required package through Ontario's prescribed process |
| 6. Government review | The Office of the Registrar General reviews the materials |
| 7. Receive Foreign Divorce Authorization | Authorization is issued if the application is accepted |
| 8. Apply for the marriage licence | Proceed with the Ontario marriage-licence process |
Frequently Asked Questions About Foreign Divorce Authorization
What does Foreign Divorce Authorization mean?
It is the written authorization required in Ontario before a marriage licence can be issued to an applicant whose previous marriage was dissolved or annulled outside Canada.
Is a Foreign Divorce Authorization the same as a foreign divorce opinion letter?
No.
The opinion letter is prepared by an Ontario lawyer and forms part of the authorization package. The Foreign Divorce Authorization is obtained through Ontario's government process.
Can I get an Ontario marriage licence without Foreign Divorce Authorization?
Where the applicant's previous marriage was dissolved or annulled outside Canada and the foreign-divorce process applies, the required authorization must be dealt with before the marriage licence can be issued.
Who issues the Foreign Divorce Authorization?
The authorization is handled through Ontario's Office of the Registrar General / Marriage Office process.
Does my Ontario lawyer issue the authorization?
No.
The lawyer prepares the legal opinion letter. The lawyer's letter is one component of the government authorization package.
How long should I allow for the process?
Ontario's current public guidance says foreign-divorce documents may take up to four weeks to process. You should also allow additional time for obtaining documents, translations and the lawyer's legal opinion before government processing begins.
Can I start the process before choosing my wedding venue?
Yes. In fact, dealing with the foreign divorce early can reduce the risk of discovering a document or recognition problem close to your wedding date.
Need a Foreign Divorce Opinion Letter for Your Ontario Authorization?
If you were divorced outside Canada and are planning to marry in Ontario, the lawyer's opinion letter is one of the key documents in the Foreign Divorce Authorization process.
ForeignDivorceOpinion.com is a service of ABALAW Professional Corporation, a licensed Ontario law firm serving clients across Ontario. Our legal team reviews foreign divorce documents and prepares the legal opinion letters required for Ontario foreign-divorce authorization applications.
Start Your Foreign Divorce Document Review →
This article provides general legal information for Ontario and is not legal advice. Foreign divorce recognition and authorization requirements depend on the applicable law, current government requirements, documents and circumstances of each case.
