Why do you need a foreign divorce opinion letter?
There is no problem with getting remarried in Ontario after one or both of the parties to the marriage have been divorced. However, if one or both of the parties got divorced outside of Canada, then you will be required to produce a foreign divorce opinion letter in order to have your marriage license application accepted. This is to prove that the divorce that was issued in another country is, in fact, legitimate and you are free to marry in Ontario.
Why you need a lawyer in Ontario
You will need to contact an Ontario lawyer in order to request a foreign divorce opinion letter. Your lawyer will need to be satisfied that you sought a legitimate divorce that should be recognized in Ontario. In order to satisfy themselves that your divorce was legitimate, your lawyer will need to do some research into the divorce laws of the country in which you were divorced. They will then look at the marital laws that governed the couple in their country of residence and the ways in which the law applied to them. After completing this research, your lawyer will give an informed opinion about whether or not this divorce should be considered valid in Canada.
The lawyer you have employed will list all of the reasons that they feel the divorce is legitimate and should be recognized. This letter will only be valid if it is both written and signed by an Ontario lawyer. If you attempt to write this letter yourself, no matter how much research or time you have spent on the details, the Registrar General of Ontario will not accept it. The Ontario lawyer you use must also be recognized by the Law Society of Ontario. Otherwise, their letter will also be rejected by the Registrar General.
It is helpful to your Ontario lawyer if you can provide a certain number of documents that demonstrate a legitimate divorce. This includes a statement of sole responsibility, signed by both parties; a marriage application and a statement from the person or persons who were divorced outside of the country, guaranteeing that they were resident for a year in the country that granted the divorce.
What requirements must be met
There are certain criteria that your divorce should meet in order for it to be recognized in Canada. There are two main requirements:
? To be able to show a connection to the country in which you applied for a divorce. If you lived and worked in that country, then there should be no problem in proving a connection. It is also legitimate for you to have been born there and returned there regularly, or to be a property owner in that country. If you visited the country purely to gain a divorce, then you are unlikely to be able to show a real connection to the place.
? You should be able to show that either yourself or your ex-spouse lived in the country where divorce was granted for at least 12 months before you made your divorce application.
If you can fulfill these criteria and your fully-qualified divorce lawyer is happy that your divorce is legitimate, then you should be able to proceed with your marriage application. It shouldn’t take too long to get your divorce recognized, and if everything is in order, you should have the go-ahead within a month. You can find an Experienced Lawyer dealing with Foreign Divorce Opinion Letter in the Greater Toronto Area. Shaikh Law Firm has multiple Office across GTA to help their Clients with Opinion Letters at a reasonable Fees.
