If you are getting married in Ontario, and either you or your future spouse was divorced outside of Canada, to obtain a marriage licence, you will need a foreign divorce opinion letter from an Ontario lawyer stating that the foreign divorce should be recognized in Ontario.
The process is straightforward. You need to provide me with the following documents:
a) The original or a court-certified copy of the foreign divorce order or decree;
b) If the foreign divorce order or decree is in a language other than English, a certified translation of the order or decree, with an affidavit sworn by a certified translator;
c) A copy of your Ontario Marriage Licence Application (completed by both parties intending to marry);
d) A written statement from the divorced individual, confirming that either they, or their former spouse, were ordinarily living in the jurisdiction that granted the divorce, for at least one (1) years immediately before the application for divorce was submitted – this can simply be a one sentence statement signed by that person;
e) A copy of the Ontario Statement of Sole Responsibility form (signed by both parties intending to marry).
You will also need to provide one piece of government-issued photo identification (for the person retaining my services), and you will need to sign a Retainer form, confirming that you have retained me for this purpose.
Lastly, there is my law firm’s fee of $200.00 plus H.S.T. (total of $226.00), plus any disbursements, such as courier charges.
Once I receive the necessary documents, I can usually write the appropriate opinion letter for you within two (2) business days.
Most divorces obtain in the United States will be valid in Ontario, with some exceptions. Usually if you normally lived in the place where you divorced, the likelihood is that your divorce will be recognized. In some cases, people obtain a quick divorce in another country (for example, the Dominican Republic) and otherwise had no connection to that country, the likelihood is poor that your divorce will be recognized in Ontario. Similarly, some immigrants to Canada, even though they live in Canada permanently, will still obtain a divorce in their original country – those divorces will likely not be recognized in Ontario.
To start the process, please contact me, and I will be happy to discuss your foreign divorce, and whether it will be recognized in Ontario.