Foreign Divorce Opinion Letter

Ontario Lawyer · Remarriage in Ontario

Foreign Divorce Opinion Letter

Getting remarried in Ontario after a divorce outside Canada? Shaikh Law Firm can prepare your Foreign Divorce Opinion Letter.

A Foreign Divorce Opinion Letter is a formal legal document prepared and signed by a lawyer licensed to practise in Ontario. This legal opinion letter explains why your foreign divorce is legally valid and should be recognized under Ontario law for the purpose of remarriage.

Foreign Divorce Opinion Letter Cost
$299 + HST
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Understanding Your Opinion Letter

What Is a Foreign Divorce Opinion Letter?

A Foreign Divorce Opinion Letter is a formal legal opinion written and signed by an Ontario lawyer explaining why a divorce or annulment granted outside Canada should be recognized in Ontario. It forms part of the supporting documents required when applying for foreign divorce authorization before remarrying in Ontario.

Your lawyer reviews the foreign divorce documents and relevant circumstances, including where you and your former spouse lived before the divorce proceedings began, and sets out the legal reasons supporting recognition.

Why Do You Need an Opinion Letter From an Ontario Lawyer?

If you were divorced outside Canada and wish to remarry in Ontario, you must obtain foreign divorce authorization before a marriage licence can be issued. The legal opinion letter is one part of that application.

  1. Obtain the lawyer’s opinion letter An Ontario lawyer assesses your documents and circumstances and prepares a letter explaining the legal basis for recognizing your foreign divorce.
  2. Apply for foreign divorce authorization Submit the letter with your marriage licence application, Statement of Sole Responsibility and required foreign divorce documents to ServiceOntario’s Marriage Office.
  3. Proceed with your marriage licence Once the government issues your foreign divorce authorization, follow your municipality’s requirements for obtaining a marriage licence.
Shaikh Law Firm foreign divorce authorization letter information

Official guidance: Ontario requirements for remarrying after a divorce outside Canada .

Check before you apply

Foreign Divorce Opinion Letter Eligibility Checker

Answer a few questions to see whether your foreign divorce fits our fixed-fee opinion letter service.

Your situation

Was your divorce granted outside Canada?
Do you plan to marry in Ontario?
Is the divorce final?
Who granted the divorce?
Was it granted on or after February 13, 1986?
Did you or your former spouse live in that country for the full year immediately before the divorce was started?
Was your former spouse notified of the divorce, or did they take part in it?
Do you have the original or a court-certified copy of the divorce decree or certificate?
Which service would you like?

Standard service: normally within 2 business days. Priority service: normally within 1 business day.

Your result

This tool gives general information only. It is not legal advice or an opinion on your divorce. Fixed fees apply to straightforward matters that meet our eligibility requirements and remain subject to lawyer review.

Documents & Preparation

What We Need From You

To prepare your foreign divorce opinion letter, we need your divorce documents and information about your previous marriage and residency. The following documents also form part of the foreign divorce authorization package submitted to ServiceOntario.

01 / APPLICATION

Marriage Licence Application

Provide a completed marriage licence application signed by both people who intend to marry. Use your full legal names and complete mailing address, including any unit or apartment number.

Ontario marriage licence application
02 / DIVORCE DOCUMENTS

Divorce Order, Decree or Certificate

Provide the documents establishing that your foreign divorce is final and effective. Include any related orders or certificates needed to understand the divorce. We will review your documents and advise whether further records or certified copies are required.

04 / TRANSLATIONS

Translation and Translator’s Affidavit

If your divorce documents are not in English or French, include a translated copy and an affidavit sworn by a certified translator. Provide the foreign-language documents together with the translation so that both can be reviewed.

Government requirements: ServiceOntario guidance for divorces granted outside Canada .

Cost of foreign divorce opinion letter

Transparent Legal Fees

Foreign Divorce Opinion Letter Cost

At Shaikh Law Firm, a standard foreign divorce opinion letter costs $299 + HST. Our rush legal opinion letter costs $360 + HST. Both options include lawyer consultation, document review and preparation of the opinion letter for eligible matters.

Standard Service

Legal Opinion Letter

$299 + HST

Target preparation time: 48 hours after receipt of all required documents, information and payment, subject to lawyer review.

  • Consultation with an Ontario lawyer
  • Review of your foreign divorce documents
  • Assessment of relevant residency information
  • Preparation of the legal opinion letter where supported
QUOTE

Rush Service

Priority Legal Opinion Letter

$360 + HST

Target preparation time: 24 hours after receipt of all required documents, information and payment, subject to availability and lawyer review.

  • Everything included in the standard service
  • Priority document review
  • Expedited preparation of the opinion letter
  • Please confirm rush availability before proceeding
QUOTE

Letter-only service: Submission of the foreign divorce authorization package, courier charges, translations and government or municipal fees are not included. You are responsible for submitting your completed package to ServiceOntario.

Eligibility: These fees apply to standard matters accepted following review. We do not accept files requiring reliance on a real and substantial connection as the basis for recognition. An opinion letter is issued only where the lawyer is satisfied that the facts and law support it.

Preparation time: These timeframes concern preparation of your lawyer’s letter. They exclude government review and delivery time. Missing documents or information may extend preparation time. Rush service does not expedite government authorization.

Recognition & Eligibility

How Do I Know if My Foreign Divorce Will Be Recognized in Canada?

A foreign divorce may be recognized in Canada where it meets the applicable legal requirements. One important basis is section 22(1) of the Divorce Act: a divorce granted by a competent authority is recognized for determining marital status where either former spouse was habitually resident in the country or subdivision of that authority for at least one year immediately before the divorce proceedings began.

Understanding the One-Year Residency Rule

  • The residency requirement may be met by either you or your former spouse; it does not require both spouses to have lived there.
  • The relevant year is the period immediately before the divorce proceedings commenced, rather than the year before the final divorce order.
  • Habitual residence concerns the person’s actual living circumstances. Citizenship, birthplace or property ownership alone does not establish habitual residence.
  • Your lawyer must also review the issuing authority, the divorce documents and any circumstances affecting recognition.

What Your Lawyer Will Review

To assess whether we can prepare your opinion letter, we will ask:

  • Where was the divorce granted, and by which authority?
  • When did the divorce proceedings begin?
  • Where did each former spouse live during the year immediately before those proceedings?
  • Is the divorce final and effective?
  • Are the documents complete, and are translations required?
  • Are there concerns about notice, participation, authenticity or other circumstances requiring further investigation?

Legal reference: Divorce Act, section 22 — Recognition of foreign divorce .

Preparation & Processing Times

How Long Will It Take for My Foreign Divorce to Be Recognized in Ontario?

If you are seeking authorization to remarry in Ontario, allow time for both your lawyer’s opinion letter and the government’s review. ServiceOntario advises that processing the foreign divorce authorization documents can take up to four weeks.

1. Preparation of Your Opinion Letter

Our standard target is 48 hours, with a 24-hour rush option subject to availability. Preparation time begins after we receive all required documents, information and payment, subject to lawyer review. Missing documents or questions requiring clarification may extend this timeframe.

2. Government Review and Authorization

You submit the completed authorization package to ServiceOntario’s Marriage Office. The government’s processing time is separate from our letter preparation time. Allow additional time for delivery and any requests for further information.

3. Obtaining Your Marriage Licence

Once you receive your foreign divorce authorization, follow your municipality’s instructions for obtaining a marriage licence. The authorization itself is not a marriage licence.

Planning a wedding? Begin the process well in advance. Our rush service expedites preparation of the lawyer’s letter; it does not accelerate government processing or guarantee authorization by a particular date.

Official processing guidance: ServiceOntario — Before getting married .

How Long Will It Take for My Foreign Divorce to Be Recognized in Ontario?

Frequently Asked Questions

Foreign Divorce Opinion Letter FAQs

Can I use a foreign divorce opinion letter sample or template?

A sample can explain the format, but it cannot replace an individualized opinion written and signed by an Ontario lawyer. Your lawyer must review your documents and circumstances and give legal reasons why your foreign divorce should be recognized in Ontario.

ServiceOntario provides a process for requesting that a sample legal opinion letter be sent to your lawyer. A template completed and signed by an applicant does not satisfy the requirement for a lawyer’s opinion.

After a foreign divorce, when can I remarry in Ontario?

Your foreign divorce must be final, effective and recognized under the applicable law. You must also obtain Ontario’s foreign divorce authorization and satisfy the marriage licence requirements before remarrying in Ontario.

There is no single waiting period that can safely be applied to every foreign divorce. Your lawyer must check when your particular divorce became effective and whether any relevant restrictions remain. Allow time for document collection, letter preparation, delivery and government processing, which ServiceOntario advises can take up to four weeks.

Do I need this letter if I was divorced elsewhere in Canada?

The foreign divorce authorization process concerns divorces granted outside Canada. If your divorce was granted in another Canadian province or territory, follow Ontario’s proof-of-divorce requirements when applying for your marriage licence.

Can a lawyer outside Ontario prepare the required opinion letter?

ServiceOntario requires a legal opinion letter from an Ontario lawyer, addressed to both people who intend to marry. A letter from a lawyer licensed only in another jurisdiction does not replace that requirement.

Your Ontario lawyer may request information or supporting material from foreign counsel where necessary.

What if neither former spouse lived in the country for one year?

Other legal grounds for recognizing a foreign divorce may need to be considered. Not meeting the one-year habitual-residence requirement does not, by itself, establish that your divorce is invalid in Canada.

Shaikh Law Firm’s standard service is intended for straightforward matters supported by the one-year habitual-residence basis, subject to review. We do not accept matters requiring reliance on a real and substantial connection as the basis for recognition.

Does Canadian citizenship automatically make my foreign divorce valid?

No. Citizenship alone does not determine recognition. Your lawyer must assess the applicable recognition rules, your divorce documents and the relevant circumstances, including where either former spouse lived before the divorce proceedings began.

Who signs the Statement of Sole Responsibility?

Both people who intend to marry and a witness sign the statement. Your former spouse is not the person required to sign it. A separate statement is required for each foreign divorce.

View the Ontario Statement of Sole Responsibility form .

What if both of us were previously divorced outside Canada?

Provide the foreign divorce documents for both intended spouses and a Statement of Sole Responsibility for each foreign divorce. Tell us about all previous marriages and divorces so we can confirm the review required and provide a written quote.

Do not assume that the advertised fee covers multiple foreign divorces; the applicable scope and fee will be confirmed before you retain us.

Do my foreign divorce documents need to be translated?

If the documents are not in English or French, ServiceOntario requires a translated copy and an affidavit sworn by a certified translator. Provide the original-language documents together with the translation for review. Translation costs are not included in our letter preparation fee.

Can you assist clients in Toronto, Ottawa and elsewhere in Ontario?

Yes. Shaikh Law Firm is headquartered in Mississauga and serves clients across Ontario, including Toronto, Ottawa, London and Windsor. Contact us to confirm appointment arrangements and how your identification and divorce documents must be provided for review.

How much does a foreign divorce opinion letter cost?

Our standard legal opinion letter costs $299 + HST. Rush preparation costs $360 + HST, subject to availability. These fees apply to standard matters accepted following lawyer review.

Government submission, courier charges, translations and government or municipal fees are excluded. Review our fees, preparation times and service scope .

Will rush service speed up government authorization?

No. Rush service prioritizes preparation of your lawyer’s opinion letter. It does not accelerate ServiceOntario’s review or guarantee authorization by a particular date. Our preparation timeframe starts after receipt of all required documents, information and payment, subject to lawyer review.

What happens after I receive my foreign divorce opinion letter?
  1. Assemble your completed marriage licence application, Statement of Sole Responsibility for each foreign divorce, opinion letter and required divorce documents, including translations and translator’s affidavit where applicable.
  2. Send the package to ServiceOntario’s Marriage Office using its current submission instructions.
  3. Respond to any requests for additional information and await your foreign divorce authorization.
  4. Once authorization is received, follow your municipality’s requirements for obtaining the marriage licence.

Our letter-only service does not include submitting the package on your behalf. Check the current ServiceOntario submission instructions .

Does the opinion letter guarantee that I can remarry?

No. The letter gives the lawyer’s opinion and supports your authorization application. Government authorization and compliance with the remaining marriage requirements are separate steps. The opinion letter itself is neither government authorization nor a marriage licence.

Get Started · Ontario-Wide Service

Request Your Foreign Divorce Opinion Letter

Planning to remarry in Ontario after a divorce outside Canada? Tell us about your circumstances using the form below. Our team will review your inquiry and confirm eligibility, required documents, applicable legal fees and next steps.

  • Standard: $299 + HST
  • Rush: $360 + HST
  • Ontario Lawyer
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Prefer to speak with our team? Call (905) 795-7757

Letter preparation only. Government submission, courier charges and translations are excluded. Rush service is subject to availability. Submitting an inquiry does not establish a solicitor-client relationship. Representation is subject to conflict checks, agreement on the terms of engagement and confirmation that our firm is acting for you. Please do not include confidential or sensitive documents in your initial inquiry.