Divorces are difficult enough on their own, but they can become even more complicated when they involve Canadian residents and citizens outside of Canada. Here, the approval of new marriages with such individuals requires that they present a foreign divorce opinion letter to prove the legitimacy of a divorce judgement by the country’s legal standards.
For countries with no divorce law, but the annulment of marriage, a foreign divorce option letter can also be used to establish the validity of such annulment. How does it work? And in what way is it beneficial? Let’s find out from this guide.
What is a Foreign Divorce Opinion Letter?
A foreign divorce opinion letter is a legal document that is drafted by a lawyer licensed by the Law Society of Ontario to provide their opinion on the validity of the divorce under the laws of the foreign jurisdiction. The letter may also set out the lawyer’s opinion of any potential legal issues which may arise as a result of the divorce.
What Documents Are Required for the Letter?
The following documents are usually required when obtaining a foreign divorce opinion letter:
- Marriage License Application – completed and signed by the intended couple
- Divorce Decree – issued by the court in the foreign country in which the divorce took place. The document must be translated into English or French if not originally in those languages
- Proof of Residency – in the foreign country for at least one of the parties for at least one year prior to the divorce
- Statement of Sole Responsibility – stating that the issuance of a marriage license does not guarantee that a divorce or annulment granted outside of Canada would be recognized as valid and enforceable in Ontario.
Other documents to be submitted include a witness statement, government-issued ID, and contact information. The lawyer reviews these documents to ensure they are complete and accurate, and that they meet the requirements of the province.
What Happens After Submitting the Documents?
Following submission, the office of the Registrar General reviews and mails the documents together with the Authorization to Remarry, which has a 90-day deadline, along with the paperwork. The applicant needs to apply for the Marriage License within 90 days. In the absence of the opinion letter, the marriage license application will be denied.
How Long Does the Process Take?
Having a foreign divorce recognized in Canada is quite straightforward and doesn’t take too long. Of course, this depends on how credible the information provided is. When the applicant is deemed eligible by foreign law and can prove that the divorce was granted under those laws, the process will only take about 4 weeks.
How Much does it Cost?
The typical flat rate for drafting a foreign divorce opinion letter is between $199 and $500, HST included. This price depends on whether the applicants or their ex-partners have lived in the foreign country for at least 12 months. If so, the cost will be $199 plus HST. If not, the hired lawyer will need to draft the letter based on the more time-consuming “substantial connection” criteria. If all test requirements are satisfied, this approach may cost roughly $500 plus HST.
How to Know if a Foreign Divorce is Valid in Canada
The validity of a foreign divorce has a great impact on the outcome of the application for a Marriage License and, consequently, the validity of any resulting marriage. To avoid delays, the applicant is well-advised to ensure that a valid foreign divorce has been obtained in the foreign country before requesting a foreign divorce opinion letter from a Canadian lawyer.
This implies that the person must demonstrate a genuine and significant relationship with the country in which the divorce application was approved. There is no set definition of what constitutes a real and substantial connection, although there is typically a presumption that an applicant has one if they have lived in the nation in question for at least a year. This is really important, given that Ontario doesn’t recognize quick divorces.
Even if that isn’t the case, the applicant’s ties can still be recognised if there is convincing evidence that the person is a native of the country, owns property there, or frequently visits. It is also crucial that:
- The divorce was granted under the laws of the foreign country, and the divorce was rendered by a judge of the same legal standing as a Superior Court Justice
- The person applying for the opinion letter is legally competent, able to meet the minimum age requirement and capable of understanding the divorce judgement
- Foreign divorce is not based on false declaration
- There are no legal proceedings underway to annul the divorce
Factors to Consider When Remarrying in Ontario
According to the law in Ontario, the minimum age requirement for marriage is 16 years, at which point parental consent is required for a marriage application. The only exception to this is if the applicant is emancipated or at least 18 years of age. The marriage, if approved, can be civil or religious.
Regardless, the person performing it must receive approval from the Director of the Office of the Registrar General. That stated, here are some notable points.
- If either party has been previously married, they must provide the original or a certified copy of the final divorce decree, annulment, or death certificate of the former spouse.
- If either party is under the age of 18 years, written consent of both parents or the legal guardian must be obtained, and the signatures must appear on the application form.
- If one parent is deceased, then the signature of the living parent is required.
- If the parents are divorced, then the signature of the parent with custody is required.
- If the applicant is a ward of the state, then the signature of the legal guardian is required.
Conclusion
The first step to take when planning to remarry in Canada after successfully filing a divorce or annulment from a foreign country is to get a foreign divorce opinion letter. As previously explained, this helps to guarantee the recognition and enforceability of the foreign divorce judgement. In that sense, hiring an experienced lawyer that can process the document can help speed up the entire process.
Other articles from totimes.ca – otttimes.ca – mtltimes.ca
