Last updated: August 30, 2026
If you were divorced outside Canada and now want to get married in Ontario, you will generally need to obtain a Foreign Divorce Authorization before an Ontario marriage licence can be issued.
A legal opinion letter from an Ontario lawyer—commonly called a foreign divorce opinion letter—forms part of that authorization process.
The important question is therefore not where you live today or where your next wedding will take place within Ontario. The starting question is:
Was either person applying for the Ontario marriage licence previously divorced outside Canada?
If the answer is yes, the foreign-divorce requirements need to be addressed before the marriage licence is issued.
The short answer: who needs a foreign divorce opinion letter?
You will generally need to deal with Ontario's foreign-divorce authorization process if:
- you were previously married;
- that marriage ended through a divorce or annulment granted outside Canada; and
- you now want to obtain a marriage licence in Ontario.
As part of the required package, Ontario requires a legal opinion letter from an Ontario lawyer.
The City of Toronto's current marriage licence requirements confirm that an applicant divorced outside Canada must obtain a Foreign Divorce Authorization from Ontario's Office of the Registrar General before a marriage licence can be issued.
The process is different when the previous divorce was granted in Canada.
Does it matter which country granted my divorce?
The key distinction for Ontario's marriage-licence process is generally Canada versus outside Canada.
A divorce granted in the United States, United Kingdom, India, Türkiye, Brazil, the United Arab Emirates or another foreign jurisdiction is still a divorce granted outside Canada.
That does not mean every foreign divorce is treated identically from a legal-recognition perspective.
The country that granted the divorce, where the former spouses lived, what authority granted it, whether the divorce is final and other circumstances can affect the lawyer's analysis.
Canadian law contains rules governing recognition of foreign divorces. For example, section 22 of Canada's Divorce Act provides that a divorce granted by a competent authority shall be recognized for determining marital status in Canada where either former spouse was habitually resident in that country or subdivision for at least one year immediately before the divorce proceeding began.
Section 22 also preserves other rules of law concerning recognition of foreign divorces.
For a deeper explanation of recognition, see our Foreign Divorce Recognition in Ontario guide .
Do I need an opinion letter if my divorce was from the United States?
If you were divorced in the United States and are now applying for an Ontario marriage licence, the divorce was still granted outside Canada.
Do not assume that an American divorce can be handled in exactly the same way as an Ontario or other Canadian divorce simply because the legal systems are closely connected.
For Ontario's marriage-licence process, a U.S. divorce falls within the foreign-divorce category.
The particular divorce must still be reviewed as part of the foreign-divorce authorization process.
What if my future spouse was divorced abroad, but I wasn't?
The foreign-divorce requirement is not limited to the person completing or submitting the marriage-licence paperwork.
If either applicant has a previous divorce granted outside Canada, that foreign divorce needs to be addressed.
For example:
Example: You have never been married before, but your future spouse was previously married and divorced in another country.
Your own marital history does not remove the issue. Your future spouse's foreign divorce is relevant because both applicants must be legally free to marry.
What if both of us were divorced outside Canada?
If both applicants have previous divorces granted outside Canada, both foreign divorces may need to be addressed.
Do not assume that one opinion letter automatically resolves both applicants' previous marriages.
Each divorce has its own:
- divorce document;
- issuing jurisdiction;
- former spouses;
- residency and jurisdictional circumstances;
- dates; and
- potential recognition issues.
The appropriate documentation should therefore be confirmed before the marriage-licence process moves forward.
What if my foreign divorce happened 10 or 20 years ago?
A divorce does not stop being foreign simply because many years have passed.
If your previous marriage ended through a divorce outside Canada and you now want to obtain an Ontario marriage licence, the age of the divorce does not, by itself, remove the foreign-divorce requirement.
The practical issue is your current marital status.
Ontario needs the required documentation before issuing a marriage licence where the applicant was previously divorced abroad.
Older divorces can sometimes create additional practical problems if records have been lost, courts have changed their document formats, or the original decree is difficult to obtain.
If you still have your divorce document, reviewing it early can help identify whether anything else will be required.
What if I was divorced abroad before moving to Canada?
This is a common situation.
You may have married and divorced in another country years before immigrating to Canada. Becoming a Canadian citizen or permanent resident later does not transform the earlier foreign divorce into a Canadian divorce.
If you now want to marry in Ontario, the previous foreign divorce may still need to go through Ontario's foreign-divorce authorization process.
What can matter to the recognition analysis, however, is where you and your former spouse lived around the time the divorce proceeding began.
That is one reason the lawyer may ask questions about your residency history even though the divorce occurred years ago.
What if I am not a Canadian citizen or permanent resident?
Canadian citizenship is not the deciding factor for whether you can apply for an Ontario marriage licence.
For example, the City of Toronto's current marriage licence guidance states that there are no residency or citizenship requirements for applying for a marriage licence in Toronto.
The foreign-divorce issue concerns your previous marital status.
So a visitor, temporary resident, permanent resident or Canadian citizen who was previously divorced outside Canada can encounter the same foreign-divorce authorization requirement when seeking an Ontario marriage licence.
What if I was divorced in Canada?
If your previous divorce was granted in Canada, you generally do not use the foreign-divorce authorization process for that divorce.
Instead, you provide acceptable official proof of the Canadian divorce when applying for your marriage licence.
For example, Toronto currently identifies an original or court-certified Certificate of Divorce or Final Decree (Decree Absolute) as acceptable proof for a divorce granted in Canada.
This distinction is worth remembering:
Divorced in Canada → Canadian divorce-document requirements
Divorced outside Canada → Foreign Divorce Authorization process
If you have multiple previous marriages and one divorce was Canadian while another was foreign, your situation should be reviewed based on the documents relevant to each previous marriage.
Do I need a foreign divorce opinion letter if I am not planning to remarry?
Not necessarily for the Ontario marriage-licence process.
The opinion letter discussed on ForeignDivorceOpinion.com is specifically connected to establishing recognition of a foreign divorce for Ontario's Foreign Divorce Authorization and marriage-licence process.
If you are not applying for an Ontario marriage licence, you should not assume that you need this particular document simply because you were divorced abroad.
There can be other legal situations where the recognition of a foreign divorce matters, but the appropriate legal step depends on what you are trying to accomplish.
Do I need the opinion letter if I already have my foreign divorce certificate?
Yes, having the foreign divorce document does not eliminate the legal-opinion requirement for Ontario's Foreign Divorce Authorization process.
Your foreign divorce decree, certificate, judgment or final order is one part of the documentation.
The legal opinion letter serves a different purpose: an Ontario lawyer reviews the foreign divorce and addresses its recognition under Canadian law.
Toronto's current instructions list both:
- a legal opinion letter from an Ontario lawyer; and
- an original or court-certified copy of the foreign divorce decree or annulment.
They are separate components of the package.
If you're unsure whether the document you have is sufficient, see our Foreign Divorce Opinion Letter Requirements page .
What if my divorce document is not in English or French?
You may still need a foreign divorce opinion letter, but there is an additional document requirement to deal with.
Toronto's current instructions state that the divorce decree or annulment must be in English or French. If it is in another language, the package must include a translated copy and an affidavit sworn by a certified translator.
For more detail, see our guide to certified translations for foreign divorce documents in Ontario .
Do not wait until your marriage-licence appointment to discover that your foreign-language divorce document needs additional documentation.
What if my divorce is already legally valid in the country where it was granted?
That is important, but it does not necessarily end the Canadian analysis.
A divorce can be legally effective in the country that granted it while still requiring consideration of whether Canadian law recognizes that divorce for determining marital status here.
That is why foreign validity and Canadian recognition should not automatically be treated as the same question.
Section 22 of the Divorce Act sets out important Canadian recognition rules.
The Ontario lawyer's role is to consider the relevant facts and documents and provide the legal opinion required for the authorization process.
What if neither my ex-spouse nor I lived in the country that granted our divorce?
This can require closer legal analysis.
One of the statutory recognition routes under section 22(1) of the Divorce Act concerns a former spouse being habitually resident in the country or subdivision that granted the divorce for at least one year immediately before the proceeding began.
If neither former spouse meets that scenario, however, you should not automatically conclude that the divorce cannot be recognized in Canada.
Section 22(3) preserves other rules of law concerning foreign-divorce recognition.
The particular circumstances should be reviewed by an Ontario lawyer rather than trying to determine recognition from the divorce certificate alone.
What do I need before contacting an Ontario lawyer?
You do not need to become an expert in foreign-divorce recognition before asking for help.
Start by gathering the documents and information you already have.
Useful items include:
- your foreign divorce decree, judgment, certificate or final order;
- any existing English or French translation;
- identification;
- basic information about where you and your former spouse lived around the time of the divorce; and
- your planned Ontario wedding or marriage-licence timeline, if one has been set.
Depending on the circumstances, additional documents or information may be required.
Our Foreign Divorce Opinion Letter Requirements page provides a fuller document checklist.
If your documents have inconsistencies, missing pages or unclear information, review our guide to common issues with foreign divorce documents in Ontario .
How can I tell if I need a foreign divorce opinion letter?
Use this quick decision check:
| Question | If YES |
|---|---|
| Were you previously married? | Continue |
| Did that marriage end in divorce or annulment? | Continue |
| Was the divorce or annulment granted outside Canada? | Continue |
| Are you now applying for an Ontario marriage licence? | You will generally need to complete Ontario's Foreign Divorce Authorization process, which includes a legal opinion letter from an Ontario lawyer. |
If you answered no at one of these stages, your situation may fall outside the standard foreign-divorce opinion-letter process.
If you are unsure—particularly where there were multiple marriages, divorces in different countries, unusual divorce procedures or unclear documents—have the situation reviewed rather than relying solely on the checklist.
When should I deal with the foreign divorce requirement?
Before your marriage-licence appointment.
Toronto's current instructions state that once the Foreign Divorce Authorization has been received, the applicant can make an appointment for the marriage licence. They also state that a marriage licence will not be issued at the appointment without the required Foreign Divorce Authorization.
Do not confuse the lawyer's turnaround time for preparing the opinion letter with the government's processing of the authorization.
Our Foreign Divorce Opinion Letter Cost & Timeline page explains our current lawyer-preparation options separately.
If you already have a wedding date, dealing with the foreign divorce early gives you more time to address a missing document, translation issue or recognition question without putting unnecessary pressure on your wedding plans.
Frequently Asked Questions
Do all foreign divorces require an opinion letter to remarry in Ontario?
For Ontario's Foreign Divorce Authorization process, a person seeking an Ontario marriage licence after a divorce or annulment outside Canada must provide the required authorization package, which includes a legal opinion letter from an Ontario lawyer.
Does my spouse need a foreign divorce opinion letter if only I was divorced abroad?
The relevant foreign divorce is yours, so it is your previous divorce that needs to be addressed as part of the marriage-licence process. Your future spouse does not need to have been previously divorced for the requirement to arise.
Does a U.S. divorce count as a foreign divorce in Ontario?
Yes. For this purpose, a divorce granted in the United States was granted outside Canada and falls within Ontario's foreign-divorce process.
What if I have been living in Ontario for many years since my foreign divorce?
Living in Ontario for many years after the divorce does not turn the previous foreign divorce into a Canadian divorce. If you now apply for an Ontario marriage licence, the foreign-divorce requirements can still apply.
Do I need an opinion letter if I was divorced in another Canadian province?
A divorce granted elsewhere in Canada is not a foreign divorce. Different proof-of-divorce requirements apply to Canadian divorces.
Can I get the opinion letter without visiting a lawyer's office?
ForeignDivorceOpinion.com's document intake and lawyer-review process can generally be completed remotely, subject to the documents and circumstances of the file.
What if I don't know whether my divorce will be recognized in Canada?
That is precisely the kind of issue that should be identified during the legal review. Do not assume that recognition is guaranteed—or impossible—without considering the actual divorce, jurisdiction and surrounding circumstances.
Divorced Outside Canada and Planning to Marry in Ontario?
If you or your future spouse was previously divorced outside Canada, it is worth dealing 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 foreign divorce opinion letters for Ontario marriage-licence authorization applications.
Start Your Foreign Divorce Document Review →
This article provides general legal information for Ontario and is not legal advice. Foreign divorce recognition depends on the applicable law, documents and circumstances of each case.
