Last updated: September 7, 2026
Yes, you can remarry in Ontario after being divorced outside Canada if your previous marriage has been legally dissolved and the foreign divorce is recognized under Ontario law.
But if the divorce was granted outside Canada, having the foreign divorce certificate alone is generally not enough to obtain an Ontario marriage licence.
Ontario requires an additional Foreign Divorce Authorization process. As part of that process, you generally need a legal opinion letter from an Ontario lawyer explaining why the foreign divorce or annulment should be recognized in Ontario.
Only after the applicable foreign-divorce requirements have been dealt with can you move forward with the Ontario marriage-licence process.
So if you are already planning your wedding, it is worth addressing your foreign divorce before your marriage-licence appointment—not at the appointment itself.
Can I legally get married again in Ontario if I was divorced abroad?
Yes.
Being divorced outside Canada does not prevent you from ever marrying again in Ontario.
The key issue is whether the previous marriage has been dissolved or annulled in a way that Ontario recognizes.
Section 8 of Ontario's Marriage Act addresses this directly.
It provides that someone who was previously married may be entitled to a marriage licence where the previous marriage was dissolved or annulled and that dissolution or annulment is recognized under Ontario law.
But the Act also imposes an additional requirement where the previous marriage was dissolved or annulled outside Canada.
Written authorization must be obtained before the marriage licence can be issued.
That is the basis for Ontario's Foreign Divorce Authorization process.
Why does Ontario treat a foreign divorce differently?
Because an Ontario marriage-licence issuer needs to know that your previous marriage has legally ended before issuing a licence for another marriage.
When a divorce was granted in Canada, Canadian documentation can generally be used as proof of that divorce.
A divorce from another country raises an additional question:
Will Canadian law recognize that foreign divorce for determining your marital status here?
That is why Ontario requires additional documentation when the divorce happened outside Canada.
If you want to understand the underlying recognition question first, see Is a Foreign Divorce Recognized in Canada?.
Do I need a Foreign Divorce Authorization before I remarry?
If your previous marriage was dissolved or annulled outside Canada and you are applying for an Ontario marriage licence, the foreign-divorce authorization requirement generally applies.
Ontario's official Getting married guidance explains that documents relating to a divorce outside Canada must be validated by the government.
The City of Toronto's current marriage-licence guidance similarly directs people divorced outside Canada to obtain a Foreign Divorce Authorization from the Province of Ontario before proceeding with the marriage licence.
For the full explanation, see What Is a Foreign Divorce Authorization in Ontario?.
Do I need a foreign divorce opinion letter before getting married?
As part of Ontario's foreign-divorce process, yes.
Ontario's current requirements include a legal opinion letter from an Ontario lawyer.
The lawyer reviews the foreign divorce and explains why it should be recognized in Ontario.
The opinion letter is not simply a certified copy of your divorce certificate, and it is not the Foreign Divorce Authorization itself.
For a detailed explanation, see What Is a Foreign Divorce Opinion Letter and Do I Need One?.
What documents do I need before I can remarry?
Ontario's current guidance identifies several documents for the foreign-divorce process.
These include:
- 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; and
- the applicable divorce decree or annulment documentation.
If the foreign divorce document is not in English or French, additional translation documentation is required.
See our Foreign Divorce Opinion Letter Requirements page for a more detailed document checklist.
What is the Statement of Sole Responsibility?
The Statement of Sole Responsibility is another document used in Ontario's foreign-divorce process.
It is not the lawyer's opinion letter.
It is also not the Foreign Divorce Authorization.
Ontario currently requires a Statement of Sole Responsibility for each applicable foreign divorce.
For the full explanation, see What Is a Statement of Sole Responsibility for a Foreign Divorce in Ontario?.
Is my foreign divorce certificate enough to remarry in Ontario?
Generally, no.
Your divorce decree, certificate, judgment or final order is a critical part of the documentation.
But Ontario's foreign-divorce process requires more than simply presenting that document to the marriage-licence issuer.
The legal opinion and authorization requirements exist because Ontario needs the recognition issue addressed before issuing the new marriage licence.
This is an important distinction:
Your divorce document shows the foreign divorce.
The lawyer's opinion addresses recognition.
The Foreign Divorce Authorization addresses Ontario's authorization requirement.
The marriage licence then allows you to proceed with the new marriage.
What if my divorce was from the United States?
A U.S. divorce is still a divorce granted outside Canada.
That means you should not assume that an American divorce decree can simply be presented as though it were a Canadian divorce.
For Ontario's marriage-licence process, the foreign-divorce requirements can still apply.
The fact that the divorce came from a neighbouring country does not by itself remove the recognition and authorization steps.
What if I was divorced abroad before moving to Canada?
You can still remarry in Ontario, assuming the foreign divorce can be recognized and the applicable Ontario requirements are satisfied.
For example, someone may have:
- married abroad;
- divorced abroad;
- immigrated to Canada years later; and
- now decided to marry a new partner in Ontario.
That is still a foreign divorce for the Ontario marriage-licence process.
Moving to Canada later does not convert the old divorce into a Canadian divorce.
Likewise, becoming a permanent resident or Canadian citizen does not, by itself, remove Ontario's foreign-divorce requirements.
What if my foreign divorce happened many years ago?
The age of the divorce does not automatically remove the requirement.
A divorce granted 5, 15 or 30 years ago remains a foreign divorce if it was granted outside Canada.
Older divorces can actually require more preparation because the documents may be harder to locate or interpret.
For example:
- you may no longer have the original decree;
- the foreign court may have changed its records system;
- your current name may differ from the name on the divorce;
- the document may use older terminology; or
- it may not clearly state when the divorce became final.
See Common Issues With Foreign Divorce Documents in Ontario if your documents present one of these problems.
What if my foreign divorce is not in English or French?
Translation should be dealt with before the application package is submitted.
Ontario currently requires additional translation documentation when the applicable foreign divorce document is in a language other than English or French.
Do not assume that an informal translation—or simply explaining the document yourself—is enough.
See our guide to Certified Translation of Foreign Divorce Documents in Ontario.
What if neither my ex-spouse nor I lived in the country for one year?
This can make the recognition analysis more complicated, but it does not automatically mean you cannot remarry in Ontario.
Section 22(1) of Canada's Divorce Act contains an important recognition rule 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.
But section 22(3) preserves other rules of law concerning foreign-divorce recognition.
So a case falling outside the straightforward one-year scenario needs legal analysis rather than an automatic rejection.
This will be covered in depth in Can Canada Recognize a Foreign Divorce If Neither Spouse Lived There for One Year?.
Can I book my wedding before my Foreign Divorce Authorization is approved?
You can make wedding plans, but you should be careful about committing to a date if you have not yet completed the foreign-divorce process.
A wedding venue reservation is not the same thing as being legally ready to obtain a marriage licence.
Ontario's current public guidance says documents relating to a divorce outside Canada may take up to four weeks to process.
That is the government-processing period and should not be confused with the lawyer's turnaround time for preparing the opinion letter.
If there is a missing document, translation issue or more complicated recognition question, additional time may also be needed before the package is ready.
The safer approach is to address the foreign divorce as early as reasonably possible.
How long before my wedding should I start?
Do not plan backwards solely from the lawyer's advertised turnaround time.
ForeignDivorceOpinion.com currently provides its own service timelines on the Cost & Timeline page, but the lawyer's work is only one stage.
You should also account for:
document collection + translations if needed + lawyer review + government processing + marriage-licence appointment
Ontario currently says the government validation process may take up to four weeks.
Starting earlier gives you room to address a document problem without immediately putting your wedding date at risk.
Can I get the marriage licence while waiting for the authorization?
Do not assume that you can.
Toronto's current instructions say that applicants divorced outside Canada must obtain the Foreign Divorce Authorization before their marriage-licence appointment and that the licence will not be issued without it.
So the practical sequence is:
Foreign divorce → lawyer's opinion → complete authorization package → government authorization → marriage licence → marriage
The exact administrative steps should always be checked against the current Ontario and municipal instructions when you apply.
Is the Foreign Divorce Authorization my marriage licence?
No.
This causes considerable confusion because both documents appear close together in the process.
They serve different purposes.
| DocumentWhat it does | |
| Foreign divorce decree/certificate | Documents the previous divorce |
| Foreign divorce opinion letter | Ontario lawyer provides the recognition opinion |
| Statement of Sole Responsibility | Required statement forming part of the authorization package |
| Foreign Divorce Authorization | Addresses Ontario's foreign-divorce authorization requirement |
| Marriage licence | Authorizes the new Ontario marriage to proceed within the applicable licence rules |
For a deeper comparison, see Foreign Divorce Opinion Letter vs. Foreign Divorce Authorization: What's the Difference?.
Do I have to go to court before I can remarry?
Not simply because you were divorced outside Canada.
The standard Ontario foreign-divorce authorization process is not the same as starting a court case for a new divorce.
In a straightforward file, the process generally involves gathering the required documents, obtaining the Ontario lawyer's legal opinion, completing the authorization package and proceeding through Ontario's administrative process.
A more complicated legal problem may require different advice, but a court appearance is not an automatic part of every foreign-divorce opinion-letter application.
Do I need to get divorced again in Canada before remarrying?
Not merely because the original divorce happened outside Canada.
The key question is whether the existing foreign divorce is recognized.
If it is recognized, the purpose is to treat the previous marriage as already dissolved—not to require you to divorce the same spouse again.
Where recognition is genuinely problematic, however, the appropriate legal solution depends on the circumstances.
We will address this separately in Do I Need to Get Divorced Again in Canada After a Foreign Divorce?.
What if my foreign divorce cannot be recognized?
Do not proceed on the assumption that the existing divorce is sufficient to establish that you are legally free to marry.
The consequences of non-recognition can be significant because the issue concerns your marital status.
But a recognition concern should also not be diagnosed from a Google search or a single factor in isolation.
For example, failing to fit the straightforward one-year habitual-residence route does not automatically establish that recognition is impossible.
The appropriate next step depends on the legal reason for the recognition problem.
If your circumstances are unusual, obtain individual legal advice before proceeding with a new marriage.
Remarrying in Ontario after a foreign divorce: step by step
| StepWhat happens | |
| 1. Find your divorce documents | Locate the decree, judgment, certificate or final order |
| 2. Deal with translation | Obtain required translation material if the document is not English/French |
| 3. Complete required Ontario forms | Prepare the Marriage Licence Application and Statement of Sole Responsibility |
| 4. Ontario lawyer reviews the divorce | Lawyer considers the documents and recognition circumstances |
| 5. Obtain the legal opinion letter | Opinion explains why the divorce should be recognized |
| 6. Complete the authorization package | Required documents are submitted through Ontario's process |
| 7. Receive Foreign Divorce Authorization | Government authorization stage is completed |
| 8. Apply for your marriage licence | Proceed under the applicable municipal marriage-licence process |
| 9. Get married | Once the legal requirements for the new marriage are satisfied |
This is a general roadmap. Individual files can require additional documentation or legal analysis.
Frequently Asked Questions
Can I get married in Canada if I was divorced in another country?
Potentially, yes. If you are marrying in Ontario, your foreign divorce must satisfy the applicable recognition requirements and Ontario's foreign-divorce marriage-licence process must be completed.
Is my foreign divorce certificate enough to get married in Ontario?
Generally not by itself. Ontario's process also requires other documentation, including a legal opinion letter from an Ontario lawyer and a Statement of Sole Responsibility.
Do I need a lawyer to remarry after a foreign divorce?
Ontario's foreign-divorce authorization package requires a legal opinion letter from an Ontario lawyer. That does not mean the lawyer performs the marriage-licence application itself; the legal opinion is one component of the process.
Do I need Foreign Divorce Authorization before getting my marriage licence?
Where Ontario's foreign-divorce authorization requirement applies, the authorization must be dealt with before the marriage licence can be issued.
Can I remarry if my divorce happened 20 years ago?
Potentially, yes. The age of the foreign divorce does not by itself prevent remarriage, but the divorce still needs to satisfy the applicable recognition and Ontario marriage-licence requirements.
Can I remarry in Ontario after a U.S. divorce?
Yes, provided the applicable requirements are satisfied. A U.S. divorce is still a divorce granted outside Canada for purposes of Ontario's foreign-divorce marriage-licence process.
How long should I allow before my wedding?
Allow time for document collection, any required translation, lawyer review, the government authorization process and the marriage-licence step. Ontario currently advises that government processing of foreign-divorce documents may take up to four weeks.
Ready to Remarry in Ontario After a Foreign Divorce?
If your previous divorce happened outside Canada, deal with the foreign-divorce requirement before your marriage-licence appointment.
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.
The process can be handled remotely, so you can start by submitting your foreign divorce documents for review.
Start Your Foreign Divorce Opinion Letter →
This article provides general legal information for Ontario and is not legal advice. Foreign-divorce recognition and marriage-licence requirements depend on the applicable law, current government procedures and individual circumstances.
