Foreign divorce opinion letters do not re-divorce you. They explain why a divorce already granted outside Canada should be recognized in Ontario for the purpose of a marriage licence application.
Recognition basics
What foreign divorce recognition means
When a person was previously divorced outside Canada and now wants to get married in Ontario, the Service Ontario Marriage Office must be satisfied that the earlier divorce can be treated as valid for the Ontario process.
Foreign divorce opinion letters give the Service Ontario Marriage Office a lawyer's written analysis based on the foreign divorce document, any certified translation, and the surrounding facts provided by the client.
What it is not
Foreign divorce opinion letters are not new court orders
Foreign divorce opinion letters are not divorce certificates, translations, notarizations, or new court orders. At ABALAW, they are prepared by ABALAW's fully accredited Ontario family lawyer after reviewing the relevant documents and circumstances.
When it comes up
When foreign divorce opinion letters are required
Lawyer review
What ABALAW reviews
The lawyer reviews whether the documents appear complete, whether certified translations are required, and whether the divorce can be recognized in Ontario based on the information provided.
The review may also consider information about the former spouses' residence, citizenship, and connection to the jurisdiction where the divorce was granted.
Common issues
Common issues that can delay recognition
Finality is unclear
The divorce document does not clearly state that the divorce is final.
Process is incomplete
The divorce process appears pending, unclear, or missing key pages.
Translation is missing
The document is not in English or French and the translation is not certified.
Records do not match
The date of divorce, names, or issuing authority are inconsistent with other records.