Foreign Divorce Opinion Letters in Canada: Everything You Need to Know
If you’ve been divorced outside of Canada and are now planning to remarry in Ontario, you may need a Foreign Divorce Opinion Letter to have your previous divorce recognized under Canadian law. Without it, your new marriage may not be considered legally valid in Ontario.
At Aurigo Law, we understand that navigating cross-border legal requirements can be overwhelming—especially when marriage is around the corner. Led by experienced family law lawyer Arshi Chandel, our firm specializes in helping clients prepare legally compliant opinion letters for foreign divorces, ensuring a smooth path to remarriage in Canada.
Whether your divorce took place in India, the United States, the Middle East, or any other jurisdiction, this guide will explain what you need, who it applies to, and how to get started.
What is a Foreign Divorce Opinion Letter?
A Foreign Divorce Opinion Letter is a formal legal document issued by a licensed family lawyer in Ontario. It confirms whether a divorce granted outside Canada meets the legal requirements under Section 22 of the Marriage Act (Ontario) and federal divorce recognition rules.
This letter is submitted to Service Ontario or a local municipal office when you apply for a marriage license. It helps government officials determine whether your foreign divorce is valid in Canada—without requiring you to go through the courts.
Important: You cannot remarry in Ontario unless your foreign divorce is recognized.
Who Needs a Foreign Divorce Opinion Letter in Ontario?
Anyone who was previously divorced outside Canada and now wishes to get legally married in Ontario will likely need a foreign divorce opinion letter—especially if they’re submitting a marriage license application.
You’ll need an opinion letter if:
- Your divorce was granted outside of Canada
- You want to remarry in Ontario or elsewhere in Canada
- You’re submitting documents to Service Ontario for marriage licensing
- Your divorce was not automatically recognized under Canadian law
“One of the most common delays in marriage license processing happens when individuals don’t realize their international divorce must be reviewed. Our team helps ensure your application doesn’t get held up,” explains Arshi Chandel.
Required Documents for a Foreign Divorce Opinion Letter
The strength of your opinion letter depends heavily on the documentation you provide. At Aurigo Law, we conduct a full review of your case before preparing the letter to ensure it meets Ontario’s requirements.
Mandatory Documents Include:
- Foreign Divorce Decree or Judgment
- Certified copy from the issuing court
- Must include official court seal and judge’s signature
- Certified Translation (if not in English or French)
- Completed by a certified translator in Canada
- Proof of Residency or Domicile
- At least one spouse must have resided in the country where the divorce was granted for at least one year prior to filing
- Accepted proof: utility bills, lease agreements, ID cards, tax records
- Identification Documents
- Passport or government-issued ID
- Helps confirm your legal name and identity
- Marriage Certificate
- Original or certified copy of the marriage that ended in divorce
- Affidavit or Personal Statement (if needed)
- Explains additional circumstances, such as how the divorce was obtained or any procedural irregularities
How Much Does a Foreign Divorce Opinion Letter Cost?
The cost for a foreign divorce opinion letter varies depending on the lawyer’s experience and the complexity of your case. At Aurigo Law, we offer this service at a flat rate starting at $450 CAD + HST for most straightforward cases.
Additional charges may apply for:
- Urgent processing or rush service
- Reviewing extensive foreign court records
- Complex cases involving multiple jurisdictions
- Certified translations (if not already provided)
“We believe in fair, flat-fee pricing. You shouldn’t have to guess what a legal document will cost,” says Arshi Chandel.
Common Challenges in Obtaining an Opinion Letter
Getting an opinion letter isn’t always as simple as submitting your divorce papers. Several common issues can arise, and it’s important to work with an experienced lawyer to avoid unnecessary delays or rejections.
Problem #1: Missing Documents
Many clients approach us without full documentation. ServiceOntario requires very specific paperwork—missing even one item can cause your application to be denied.
Problem #2: Untranslated Foreign Judgments
If your documents are in another language, you’ll need a certified translation in English or French. Online translations or apps won’t be accepted.
Problem #3: Questionable Jurisdiction
If neither you nor your former spouse lived in the country where the divorce was granted, the divorce may not be recognized under Canadian law.
Problem #4: Internet Divorces
Some jurisdictions allow “online divorces” or default judgments without court appearances. These are often not recognized in Ontario without proper scrutiny.
Real-World Case Study: Divorce from India, Remarriage in Ontario
Ravi, a Canadian permanent resident, was previously married in India and obtained a divorce through the Indian family court system. He planned to remarry in Brampton but was told by Service Ontario that he needed a foreign divorce opinion letter before he could apply for a marriage license.
Working with Aurigo Law, Ravi provided:
- A certified copy of the Indian divorce decree
- Proof of his ex-wife’s residence in India at the time
- His previous marriage certificate
- Translated and notarized versions of all documents
Our legal team reviewed the materials and provided an opinion letter accepted by Service Ontario within 7 business days. Ravi and his new partner were able to get married the following month without any delays.
FAQs
Who needs a foreign divorce opinion letter?
Anyone divorced outside Canada who now wishes to remarry in Ontario will likely need this letter when applying for a marriage license.
How long does it take to get an opinion letter in Ontario?
At Aurigo Law, standard processing takes 5–7 business days once we receive all required documents. Rush services are available.
Can I remarry in Canada without an opinion letter?
No. Your foreign divorce must be recognized before the province will issue a marriage license. The opinion letter is required to prove your divorce meets Ontario’s standards.
Do both spouses need to apply for an opinion letter?
No. Only the person seeking to remarry in Ontario needs to provide the letter—along with supporting documents from the original divorce.
Is an opinion letter required for all foreign divorces?
Not always. If your divorce was granted in another Canadian province, no opinion letter is required. But for divorces outside of Canada, it is almost always necessary.
Final Thoughts: Don’t Let a Paper Delay Your Future
Getting remarried in Ontario after a foreign divorce shouldn’t be a stressful process—but it often is without the right legal help. A Foreign Divorce Opinion Letter is your key to ensuring your prior divorce is respected, and your new marriage is legally valid.
At Aurigo Law, we work efficiently and discreetly to help clients across Ontario and beyond obtain valid, recognized opinion letters with minimal stress and maximum support.
Need Help with a Foreign Divorce Opinion Letter?
Contact Aurigo Law
190 Parkhome Avenue, Toronto, Ontario M2R 1A2
Email: Info@aurigolaw.ca
Call Us: +1 437-333-0560
Your remarriage should be a celebration – not a legal headache. Let us help you move forward with clarity and confidence.
