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Foreign Divorce Opinion Letter

 

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People divorced outside of Canada may have considerable inconvenience in obtaining an Ontario marriage licence.  One of the requirements to acquire a marriage licence is that the marrying couple must get the opinion of an Ontario lawyer  that the divorce would be recognized here.  This opinion is submitted to the Minister of Consumer and Business Services to obtain authorization for the issuance of a marriage licence.  This process takes from three or four weeks.  The Ministry of Consumer and Business Services can be contacted at (416) 326-8555, ext. 0 (customer service) or 1-800-461-2156 (Thunder Bay).

            In support of an application for this authorization, the following documentation must be submitted to the Office of the Registrar General, P.O. Box 4600, 189 Red River Road, Thunder Bay, Ontario P7B 6L8, Attention: Marriage Office:

 (1)    A completed marriage license application signed by both applicants

(2)    The original divorce or a copy of the divorce certified by the administrative officer of the court in the granting jurisdiction, or sealed or otherwise properly authenticated by the court.  When the divorce is in a language other than English or French, a certified translation, from someone other than one of the applicants, is also required.  The documents will be returned to the applicants; and

(3)    A copy of a legal opinion of an Ontario solicitor, addressed to both applicants, stating that the divorce (s) would be recognized as valid in the Province of Ontario and clearly providing the reasons for recognition, which must include reference to the relevant facts and the specific basis for recognition. 

To get started on obtaining the lawyer's opinion letter, please deliver the following five items to our office by mail or courier:

  1. An original or court-certified copy of your divorce decree.
  2. A completed statement of sole responsibility for each divorce that needs to be signed by both parties of the marriage.
  3. A completed Application for Marriage.
  4. A written statement from the divorced party confirming that at least one party to the divorce resided in the divorce granting jurisdiction for at least one year preceding immediately the application for divorce.
  5. Full payment for the opinion letter in the amount of $250.00 (CDN or USD funds) + HST (13%).  If you require express or courier return of your documents, an additional fee of $15.00 applies.

 In order to minimize cost and delay for this process we do not require meetings with clients.  Upon receipt of the above documentation and payment, we provide express service for opinion letters. We can complete the opinion letter within two days of receipt of all the information itemized above and send it to you by mail/courier.  If we have any questions related to the divorce we will contact you.

 

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                                                                  Last modified: April 25, 2011 10:24 PM