Foreign Divorce Opinion Letter vs Foreign Divorce Authorization

What Is the Difference Between a Foreign Divorce Opinion Letter and Foreign Divorce Authorization?

The easiest way to understand the difference is to look at who prepares each document and what it does.

A Foreign Divorce Opinion Letter, also called a Legal Opinion Letter, is prepared by an Ontario lawyer. It gives legal reasons why the divorce or annulment obtained outside Canada should be recognized in Ontario.

Foreign Divorce Authorization is different. It refers to the provincial authorization required in applicable cases before a marriage licence can be issued to someone whose previous marriage was dissolved or annulled outside Canada.

Ontario government materials also describe this as an “authorization to be married after an out-of-country divorce.”

The lawyer provides the legal opinion. The lawyer does not issue the authorization or the marriage licence.

Foreign Divorce Opinion Letter vs Foreign Divorce Authorization

How Do a Foreign Divorce Opinion Letter and Foreign Divorce Authorization Work Together?

What Is the Step-by-Step Process in Ontario?

Although individual circumstances can affect the documents or legal analysis required, the usual process can be understood in seven stages.

Step 1: Gather the Foreign Divorce Documents

Start with the foreign divorce documents, including the divorce decree, annulment, or equivalent official record from the jurisdiction where the previous marriage ended.

The document should clearly identify the parties and establish that the previous marriage was legally dissolved or annulled.

For Toronto applicants, the City currently requires an original or court-certified copy of the foreign divorce decree or annulment.

Step 2: Have the Foreign Divorce Reviewed by an Ontario Lawyer

A Toronto Divorce Lawyer reviews the foreign divorce and the facts relevant to whether it should be recognized in Ontario.

Depending on the circumstances, this may involve examining:

• where the divorce was granted;
• where either former spouse was habitually resident;
• when the divorce proceedings began;
• the authority that granted the divorce; and
• other legal grounds that may support recognition.

Section 22 of the federal Divorce Act recognizes certain foreign divorces where either former spouse was habitually resident in the applicable country or subdivision for at least one year immediately before the proceedings began. It also preserves other rules of law concerning recognition of foreign divorces.

Step 3: Obtain the Legal Opinion Letter

Where appropriate, the Ontario lawyer prepares the Legal Opinion Letter.

Ontario requires the letter to be addressed to both people planning to marry and to explain why the foreign divorce or annulment should be recognized in Ontario.

This is an important distinction: the lawyer provides the legal opinion, but the lawyer does not issue the provincial authorization.

Step 4: Prepare the Remaining Authorization Documents

The applicable package generally includes:

• the completed and signed Marriage Licence Application;
• the Statement of Sole Responsibility;
• the Legal Opinion Letter;
• the foreign divorce decree or annulment; and
• the required translation and translator affidavit if the foreign document is not in English or French.

The documents should be reviewed for inconsistent names, dates, missing signatures, incomplete addresses, or other errors before submission.

Step 5: Submit the Foreign Divorce Authorization Request

Ontario’s current instructions require the documents to be sent to the ServiceOntario Marriage Office for validation.

The Office of the Registrar General also provides services relating to authorizations to be married after an out-of-country divorce. Ontario’s terminology confirms that this authorization is a separate government process from obtaining the lawyer’s opinion.

Step 6: Wait for the Authorization Decision

The documents are reviewed through the Ontario process.

The Legal Opinion Letter does not guarantee that authorization will be issued. Additional information or corrected documents may be required depending on the circumstances.

Ontario currently advises that validation of documents relating to a divorce outside Canada may take up to four weeks.

This is a government processing estimate, not a guaranteed completion date.

Step 7: Proceed with the Marriage Licence Process

Once the required Foreign Divorce Authorization has been received, the applicant can continue with the applicable municipal marriage licence process.

In Toronto, applicants divorced outside Canada must obtain the Foreign Divorce Authorization before attending for their marriage licence. The City states that the marriage licence will not be issued if the required authorization has not been obtained.

The sequence is therefore:

Foreign divorce documents → Lawyer review → Legal Opinion Letter → Authorization request → Government review → Foreign Divorce Authorization → Marriage licence process

Each stage serves a different purpose.

How Long Does Foreign Divorce Authorization Take in Ontario?

Ontario currently states that documents relating to a divorce outside Canada must be validated by the government and may take up to four weeks to process.

However, the complete timeline can include more than the government’s review period.

Time may also be needed to:

• obtain the foreign divorce record;
• obtain a court-certified copy where required;
• arrange an acceptable translation;
• collect information needed for the legal review;
• have the Ontario lawyer prepare the opinion letter; and
• correct incomplete or inconsistent documents.

Applicants should therefore avoid treating four weeks as a guaranteed total timeline from first contacting a lawyer to receiving authorization.

People with a planned marriage date may benefit from starting the foreign-divorce and cross-border legal review well in advance.