Last updated: August 29, 2026
If you were divorced outside Canada and now want to get married in Ontario, you will generally need more than your foreign divorce certificate to obtain an Ontario marriage licence.
Ontario's foreign divorce authorization process requires a legal opinion letter from an Ontario lawyer. This is commonly called a foreign divorce opinion letter.
The lawyer reviews your foreign divorce, the circumstances surrounding it, and the applicable Canadian recognition rules. The opinion letter explains whether the divorce can be recognized in Canada for the purpose of your Ontario marriage licence application.
If your previous divorce was granted outside Canada and you are planning to marry in Ontario, this is a step you should deal with before your marriage licence appointment.
What is a foreign divorce opinion letter?
A foreign divorce opinion letter is a written legal opinion prepared by an Ontario lawyer after reviewing a divorce that was granted outside Canada.
Its purpose is not to divorce you again.
Instead, the lawyer considers whether the divorce you already obtained abroad can be recognized in Canada and provides a legal opinion for Ontario's foreign divorce authorization process.
This distinction is important. A foreign divorce certificate proves that a divorce was granted in another country. It does not, by itself, necessarily establish that Ontario will accept that divorce for the purpose of issuing a new marriage licence.
That is where the legal opinion comes in.
Why does Ontario require a legal opinion after a foreign divorce?
Ontario marriage-licence officials need to know that a person who wants to remarry is legally free to do so.
The process is relatively straightforward when the previous divorce was granted in Canada because Canadian divorce records can be used to establish the divorce.
A divorce granted outside Canada raises an additional question:
Will Canada recognize the foreign divorce?
Canadian law has rules governing when a divorce obtained abroad will be recognized.
For example, section 22 of Canada's Divorce Act provides an important statutory basis for recognition. Section 22(1) addresses divorces granted by a competent foreign authority where either former spouse was habitually resident in that country or subdivision for at least one year immediately before the divorce proceeding began.
That is not the only possible basis for recognition. Section 22(3) preserves other rules of law concerning the recognition of foreign divorces.
This is one reason a foreign divorce opinion is a legal analysis, rather than simply another form to complete.
For a broader explanation, see our Foreign Divorce Recognition in Ontario guide.
Do I need a foreign divorce opinion letter in Ontario?
If your previous marriage was dissolved or annulled outside Canada and you now want an Ontario marriage licence, Ontario requires foreign divorce authorization.
As part of that process, Ontario requires a legal opinion from an Ontario lawyer addressing the foreign divorce.
For most people who find themselves in this situation, the practical answer is therefore yes.
Ontario's current Getting married in Ontario guidance explains the requirements that apply when a previous marriage was dissolved or annulled outside Canada.
You should deal with the foreign divorce authorization before attending your marriage-licence appointment. The City of Toronto's marriage licence guidance also explains the Foreign Divorce Authorization requirements for applicants whose previous divorce occurred outside Canada.
What if my future spouse was divorced abroad, but I wasn't?
The requirement can still apply.
It is the existence of a previous divorce outside Canada in the marriage-licence application—not whether both future spouses were previously divorced—that creates the foreign-divorce issue.
What if my foreign divorce happened many years ago?
The age of the divorce does not, by itself, eliminate the issue.
If that foreign divorce ended a previous marriage and you now need to establish your marital status for an Ontario marriage licence, the foreign divorce may still need to go through the authorization process.
What does the Ontario lawyer actually review?
A foreign divorce opinion letter should not be prepared simply by copying information from a divorce certificate into a template.
The lawyer must be able to give an opinion about recognition.
Depending on the circumstances, that can involve reviewing:
- the foreign divorce decree, judgment, certificate or final order
- whether the divorce appears to be final
- where the divorce was granted
- where the former spouses lived before the divorce proceeding
- the connection between the former spouses and the country that granted the divorce
- whether a certified translation is required
- identity and name information; and
- other facts that may affect recognition under Canadian law.
Some cases are straightforward. Others require closer legal analysis.
For example, if one of the former spouses lived in the country that granted the divorce for the required period before the proceeding began, the recognition analysis may differ from a case where neither spouse lived there.
What documents do I need for a foreign divorce opinion letter?
The exact documents can depend on the circumstances, but the usual starting point includes:
- Your foreign divorce decree, judgment, certificate or final order
- A certified English or French translation, if the divorce document is in another language
- Government-issued identification
- Your Ontario marriage licence application information
Additional records or information may be requested if something about the divorce, residency history, names, translation or issuing authority needs clarification.
For a more detailed breakdown, see our Foreign Divorce Opinion Letter Requirements page.
What if my divorce document is not in English or French?
A translation will normally be required.
Ontario's foreign divorce requirements for getting married in Ontario explain the documentation and translation requirements that apply to foreign divorce materials.
Don't discard or replace the original-language document. The foreign document and its translation work together as part of the record.
You can also read our guide to certified translations for foreign divorce documents in Ontario.
Who can prepare a foreign divorce opinion letter?
For Ontario's foreign divorce authorization process, the legal opinion must come from an Ontario lawyer.
This is not a document you prepare yourself, nor is it simply a notarized statement or certified translation.
A translator deals with language.
A notary may authenticate or witness certain documents.
The Ontario lawyer provides the legal opinion about recognition of the foreign divorce.
At ForeignDivorceOpinion.com, each opinion is prepared through ABALAW Professional Corporation, a licensed Ontario law firm, following a review of the relevant documents and circumstances.
Is a foreign divorce opinion letter the same as Foreign Divorce Authorization?
No. This is one of the most important distinctions to understand.
The foreign divorce opinion letter is the legal opinion prepared by the Ontario lawyer.
The Foreign Divorce Authorization is the authorization obtained through Ontario's process that allows the marriage-licence application to proceed after a divorce outside Canada.
The opinion letter is therefore part of the authorization package. It is not, by itself, the government's authorization.
The City of Toronto's foreign divorce instructions identify documents required when an applicant was divorced outside Canada, including the marriage licence application, Statement of Sole Responsibility, legal opinion letter from an Ontario lawyer and required foreign divorce documentation.
What happens after my lawyer prepares the opinion letter?
Once your lawyer has completed the opinion letter and the rest of the required documents are ready, the foreign divorce authorization package can be submitted for Ontario's review.
The government authorization process and your lawyer's turnaround time are two different timelines.
This distinction matters if you already have a wedding date.
ForeignDivorceOpinion.com currently offers standard preparation of complete, eligible opinion-letter files in up to 48 hours, with an expedited option for qualifying complete files.
That is the lawyer's document-preparation timeline—it does not mean Ontario will issue the Foreign Divorce Authorization within the same period.
See our Foreign Divorce Opinion Letter Cost & Timeline page for current service pricing and turnaround options.
If your wedding or marriage-licence appointment is approaching, start the process as early as possible rather than working backward from the wedding date.
Do I have to go to court to get a foreign divorce opinion letter?
In the usual foreign divorce opinion-letter process, you are not applying to an Ontario court to get divorced again.
The lawyer reviews the foreign divorce and prepares the required legal opinion.
ForeignDivorceOpinion.com's intake and document-review process can generally be handled remotely, which means clients across Ontario do not ordinarily need to attend the firm's office simply to have the opinion letter prepared.
That does not mean every foreign divorce will automatically qualify for recognition. If the facts raise a more complicated recognition issue, additional legal analysis or a different legal step may be necessary.
Is my foreign divorce automatically recognized because I have a divorce certificate?
Not necessarily.
A divorce certificate is important evidence, but the existence of a foreign document and the Canadian legal recognition of the divorce are related but distinct questions.
Canadian recognition rules look at more than whether a piece of paper called a “divorce certificate” exists.
The circumstances in which the divorce was granted can matter, including jurisdiction and the former spouses' connection to the country that granted it.
This is also why nobody should promise that a foreign divorce will be recognized before reviewing the actual documents and circumstances.
You can read more about these principles in our Foreign Divorce Recognition in Ontario guide.
What if neither spouse lived in the country where the divorce was granted for a year?
This is where the analysis can become more complicated.
The one-year habitual-residence rule in section 22 of the Divorce Act is an important route to recognition, but section 22 does not say that it is the only possible rule under which a foreign divorce can ever be recognized.
If neither former spouse meets the straightforward one-year habitual-residence scenario, do not assume that your divorce is automatically invalid in Canada.
An Ontario family lawyer should review the circumstances and determine whether another recognized legal basis may apply.
When should I start the process?
Ideally, before you book a marriage-licence appointment and well before your wedding date.
Starting early gives you time to deal with problems such as:
- obtaining a court-certified divorce document
- arranging a proper translation
- resolving inconsistent names or dates
- obtaining missing pages
- clarifying whether the divorce is final; or
- providing additional information needed for the recognition analysis.
These are much easier to deal with several weeks before a wedding than several days before one.
Our guide to common issues with foreign divorce documents in Ontario explains several document problems worth checking before you submit your materials.
Already have a wedding date?
If you were divorced outside Canada and are preparing to marry in Ontario, you can start your foreign divorce opinion letter application online.
ABALAW can review the submitted information and documents and identify what may still be needed before the opinion is completed.
Frequently Asked Questions About Foreign Divorce Opinion Letters
Is a foreign divorce opinion letter mandatory in Ontario?
If a previous marriage was dissolved or annulled outside Canada and you are applying for an Ontario marriage licence, Ontario's foreign divorce authorization process requires a legal opinion letter from an Ontario lawyer.
You can review the government's current requirements on the Ontario Getting Married page.
Can I write the foreign divorce opinion letter myself?
No. The required legal opinion for the Ontario foreign divorce authorization process must be provided by an Ontario lawyer.
Do I need an opinion letter if my divorce was granted in the United States?
A U.S. divorce is still a divorce granted outside Canada.
If you are applying for an Ontario marriage licence after a U.S. divorce, you should not assume that the U.S. order can simply be treated like a Canadian divorce certificate. The Ontario foreign-divorce requirements should be reviewed for your situation.
Does the opinion letter guarantee Ontario will approve my foreign divorce?
No.
The lawyer provides a legal opinion based on the documents, facts and applicable recognition law. The opinion letter forms part of the foreign divorce authorization process; it is not itself the government's approval.
Can I get a foreign divorce opinion letter online?
The legal review and preparation process can generally be completed remotely through ForeignDivorceOpinion.com.
Documents and information can be submitted electronically, subject to any requirements that apply to the underlying records and authorization package.
How much does a foreign divorce opinion letter cost?
ForeignDivorceOpinion.com's current standard service is $249 plus HST for qualifying complete files, with an expedited service option of $299 plus HST.
See our Foreign Divorce Opinion Letter Cost & Timeline page for current pricing and service conditions.
How long does a foreign divorce opinion letter take?
ForeignDivorceOpinion.com's standard lawyer-preparation timeline is currently up to 48 hours for complete files, with expedited preparation available for qualifying files.
This is separate from Ontario's processing time for the Foreign Divorce Authorization.
Need a Foreign Divorce Opinion Letter in Ontario?
If you were divorced outside Canada and are planning to marry in Ontario, dealing with the foreign divorce early can prevent an unpleasant surprise when you apply for your marriage licence.
ForeignDivorceOpinion.com is a service of ABALAW Professional Corporation, a licensed Ontario law firm serving clients across Ontario. Our team reviews foreign divorce documents and prepares the legal opinion letters required for Ontario foreign divorce authorization applications.
Start Your Foreign Divorce Opinion Letter Application →
This article provides general legal information for Ontario and is not legal advice. Foreign divorce recognition depends on the particular facts, documents and applicable law.
