Last updated: August 30, 2026
If you were divorced outside Canada and are planning to marry in Ontario, you may hear two similar-sounding terms:
foreign divorce opinion letter
and
Foreign Divorce Authorization
They are not the same thing.
A foreign divorce opinion letter is prepared by an Ontario lawyer. A Foreign Divorce Authorization is the written authorization required through Ontario’s government process before an Ontario marriage licence can be issued in the applicable foreign-divorce situation.
The easiest way to remember the difference is:
The lawyer prepares the opinion. Ontario provides the authorization.
The opinion letter is one part of the package used to obtain the authorization.
Foreign divorce opinion letter vs. Foreign Divorce Authorization at a glance
| Comparison | ||
| What is it? | A legal opinion addressing recognition of the foreign divorce | Written authorization required before the Ontario marriage-licence process can proceed |
| Who prepares or issues it? | An Ontario lawyer | Ontario government process / Office of the Registrar General |
| Is it a government approval? | No | Yes, it is the required written authorization |
| Is it part of the authorization package? | Yes | It is the result of the authorization process |
| Do you receive it first? | Generally, yes | Generally, after the package is reviewed |
| Does it replace the marriage licence? | No | No |
| Does it replace the foreign divorce decree? | No | No |
That distinction becomes important when planning your wedding timeline.
What is a foreign divorce opinion letter?
A foreign divorce opinion letter is a legal opinion prepared by an Ontario lawyer after reviewing a divorce or annulment granted outside Canada.
Ontario’s current Getting married guidance says the legal opinion letter must come from an Ontario lawyer, be addressed to both people planning to marry, and provide reasons why the divorce or annulment should be recognized in Ontario.
The lawyer’s role is therefore not simply to confirm that a divorce document exists.
The lawyer considers the legal recognition issue.
Depending on the circumstances, that may include reviewing:
- where the divorce was granted
- whether the divorce appears final
- where either former spouse lived before the proceeding
- the foreign court or authority involved
- the divorce documentation
- translation requirements; and
- other facts relevant to recognition under Canadian law.
For the full explanation, see What Is a Foreign Divorce Opinion Letter and Do I Need One?.
What is a Foreign Divorce Authorization?
A Foreign Divorce Authorization is the written authorization required through Ontario’s process before a marriage licence can be issued to an applicant whose previous marriage was dissolved or annulled outside Canada.
This requirement is grounded in section 8 of Ontario’s Marriage Act.
The Act states that a licence issuer cannot issue a marriage licence to a person whose previous marriage was dissolved or annulled outside Canada unless the required written authorization is obtained.
The City of Toronto’s current marriage-licence guidance likewise says that a person divorced outside Canada must obtain a Foreign Divorce Authorization from the Province of Ontario, Office of the Registrar General.
For the full process, see What Is a Foreign Divorce Authorization in Ontario?.
For an eligibility overview, see Who Needs a Foreign Divorce Opinion Letter in Ontario?.
Why are these two documents so often confused?
Because they are part of the same overall process.
Someone may contact a lawyer and say:
“I need my foreign divorce approved.”
But there are actually several distinct steps and documents involved.
The lawyer does not personally issue the government authorization.
Likewise, the Ontario government does not replace the lawyer’s legal opinion.
The process generally looks like this:
- gather the foreign divorce documents
- have an Ontario lawyer review the divorce
- obtain the foreign divorce opinion letter
- complete the other required Ontario documents
- submit the Foreign Divorce Authorization package
- receive the Foreign Divorce Authorization
- proceed with the marriage-licence process.
So while the two documents are closely connected, they serve different legal and administrative functions.
Does my lawyer issue the Foreign Divorce Authorization?
No.
Your Ontario lawyer prepares the legal opinion letter.
The Foreign Divorce Authorization is handled through Ontario’s government process.
This is one of the most important expectations to set correctly.
Receiving your lawyer’s completed opinion letter does not mean that the government authorization has already been issued.
It means that a key part of the authorization package is ready.
What documents go with the opinion letter?
The legal opinion letter is not submitted by itself.
Ontario’s current guidance identifies several components of the foreign-divorce package, including:
- a completed and signed Marriage Licence Application
- a Statement of Sole Responsibility for each applicable divorce
- a legal opinion letter from an Ontario lawyer
- the foreign divorce decree or annulment documentation; and
- the required translation material if the document is not in English or French.
For the detailed checklist, see our Foreign Divorce Opinion Letter Requirements page.
Is the Statement of Sole Responsibility the same as either of these?
No.
The Statement of Sole Responsibility is a third, separate document.
So there are at least three different concepts to keep straight:
| DocumentRole | |
| Foreign divorce opinion letter | Lawyer’s legal analysis |
| Statement of Sole Responsibility | Required applicant statement/form |
| Foreign Divorce Authorization | Ontario’s written authorization |
The Statement of Sole Responsibility is part of the government package, but it does not replace the legal opinion letter.
We will explain that document separately in What Is a Statement of Sole Responsibility?.
Does the foreign divorce decree replace the opinion letter?
No.
Your foreign divorce decree, judgment, certificate or final order proves that a foreign divorce process took place.
The opinion letter serves a different function.
The lawyer is considering whether the foreign divorce should be recognized under applicable Canadian law for the Ontario marriage-licence process.
Toronto’s current requirements specifically list both the legal opinion letter and the foreign divorce decree or annulment document.
That means having a perfectly valid foreign divorce document does not, by itself, eliminate the opinion-letter requirement.
Why does the lawyer need to analyze recognition?
Because Canadian law has rules governing whether a divorce granted abroad is recognized for determining marital status in Canada.
One important statutory rule appears in section 22 of the Divorce Act.
Section 22(1) provides for recognition where either former spouse was habitually resident in the country or subdivision of the competent foreign authority for at least one year immediately before the divorce proceeding began.
Section 22(3) also preserves other rules of law concerning recognition of foreign divorces.
That is why the lawyer may ask questions that seem unrelated to the physical divorce certificate, such as:
- Where did you live before the divorce?
- Where did your former spouse live?
- How long had either of you lived there?
- Which authority granted the divorce?
- Was the divorce final?
- Was either spouse connected to the country in another meaningful way?
The lawyer’s role is legal analysis—not simply document certification.
For more detail, see our Foreign Divorce Recognition in Ontario guide.
Which comes first: the opinion letter or the authorization?
The opinion letter generally comes first because it is part of the material required for the Foreign Divorce Authorization application.
Think of the process as:
Foreign divorce documents → lawyer review → opinion letter → authorization package → Foreign Divorce Authorization → marriage licence
This sequence is particularly important if you already have a wedding date.
Do not wait until your marriage-licence appointment to discover that the foreign-divorce authorization still needs to be completed.
Can I get the Foreign Divorce Authorization without hiring a lawyer?
The Ontario foreign-divorce authorization package requires a legal opinion letter from an Ontario lawyer.
Ontario’s public guidance expressly identifies the legal opinion letter as one of the required documents.
So while you may be able to collect forms and other records yourself, the legal-opinion component is not a DIY document.
That does not mean you need a lengthy court proceeding or traditional in-office family-law retainer.
The foreign divorce opinion-letter review can often be handled remotely.
Can I get the opinion letter without applying for authorization?
A lawyer can prepare the legal opinion as part of the process, but if your objective is to obtain an Ontario marriage licence after a foreign divorce, the opinion letter is not the final step.
You still need to complete the authorization process.
Receiving the lawyer’s letter alone does not replace the written authorization required under Ontario’s marriage-licence framework.
That is why it is important to understand what you are actually purchasing or requesting when contacting a lawyer.
You are getting the legal-opinion component, not a marriage licence or government authorization issued directly by the law firm.
Does the Foreign Divorce Authorization mean my divorce is being granted again?
No.
Ontario is not granting you a new divorce through this process.
The foreign divorce has already occurred.
The issue is whether that divorce can be recognized for the purpose of determining your marital status and allowing the Ontario marriage-licence process to proceed.
This is fundamentally different from applying to an Ontario court for a new divorce.
Does either document replace my Ontario marriage licence?
No.
There are three separate stages to keep in mind:
1. Opinion letter
The lawyer provides the legal opinion.
2. Foreign Divorce Authorization
Ontario addresses the foreign-divorce issue.
3. Marriage licence
You then obtain the licence required to marry in Ontario.
Toronto currently states that once the Foreign Divorce Authorization is received, the applicant can make the marriage-licence appointment, and that the licence will not be issued without the required authorization.
How long does each step take?
This is another area where the distinction matters.
The lawyer’s preparation time and Ontario’s authorization-processing time are separate.
ForeignDivorceOpinion.com’s current service page sets out the law firm’s current opinion-letter turnaround options on the Foreign Divorce Opinion Letter Cost & Timeline page.
Ontario’s current public guidance says documents related to an out-of-country divorce may take up to four weeks to process.
So, for example, a 48-hour lawyer turnaround does not mean the entire government authorization process will be completed within 48 hours.
What happens if my lawyer thinks the divorce may not be straightforward?
Not every foreign divorce presents the same recognition analysis.
For example, closer review may be needed where:
- neither former spouse appears to have lived in the country that granted the divorce for the usual one-year period
- the divorce document does not clearly show that the divorce is final
- the issuing authority is unclear
- names or dates do not match
- the divorce was religious rather than civil
- one spouse did not participate
- important pages are missing; or
- the circumstances raise another recognition question.
The lawyer may need additional information or documentation before giving the opinion.
This is exactly why the opinion letter should not be treated as a generic administrative template.
See our guide to common issues with foreign divorce documents in Ontario.
Which document should I ask for when I contact a lawyer?
If you are contacting an Ontario lawyer because you were divorced outside Canada and need to get married in Ontario, the service you are generally seeking from the lawyer is the:
foreign divorce opinion letter
You may ultimately need the:
Foreign Divorce Authorization
but that authorization is part of the government process.
A simple way to explain your request is:
“I was divorced outside Canada and need the legal opinion letter for my Ontario Foreign Divorce Authorization.”
That makes the purpose of the legal review clear.
Quick decision guide
| If you need...You are looking for... | |
| A lawyer to review whether your foreign divorce can be recognized | Foreign divorce opinion letter |
| The Ontario approval required before proceeding with the marriage licence | Foreign Divorce Authorization |
| Proof that the foreign divorce actually occurred | Foreign divorce decree / judgment / certificate |
| The applicant declaration required in the package | Statement of Sole Responsibility |
| Permission to marry in Ontario after the authorization stage | Ontario marriage licence |
If you are unsure which stage you are at, start with the foreign divorce documents you already have.
Frequently Asked Questions
Is a foreign divorce opinion letter the same as Foreign Divorce Authorization?
No. The opinion letter is prepared by an Ontario lawyer. The Foreign Divorce Authorization is the written authorization obtained through Ontario’s government process.
Does the lawyer send me the Foreign Divorce Authorization?
The lawyer prepares the legal opinion. The government authorization is a separate step handled through Ontario’s process.
Can I apply for the authorization before getting the opinion letter?
The legal opinion letter is one of the documents Ontario requires as part of the foreign-divorce package, so the opinion generally needs to be prepared as part of the package before it is complete.
Does my divorce decree count as the opinion letter?
No. Your divorce decree is evidence of the foreign divorce. The opinion letter is a separate legal analysis prepared by an Ontario lawyer.
Do I need both an opinion letter and a Statement of Sole Responsibility?
Ontario’s current guidance lists both documents as part of the package.
Is the Foreign Divorce Authorization my marriage licence?
No. The authorization deals with the foreign-divorce issue. You still need to obtain the actual Ontario marriage licence.
Can the opinion-letter process be completed online?
ForeignDivorceOpinion.com’s lawyer-review and document-intake process can generally be handled remotely, subject to the circumstances and documents involved.
Need the Opinion Letter for Your Foreign Divorce Authorization?
If you were divorced outside Canada and are preparing to marry in Ontario, the first step is understanding which part of the process you actually need.
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 facts of the individual case.
