If you’re going through a foreign divorce, dealing with Ontario law and courts can feel overwhelming. At Shuter Law, we make things simpler for you. Whether you need your divorce recognized in Ontario or you’re planning to remarry after divorcing outside of Canada, we’re here to help guide you through the process.
Is foreign divorce recognised in Canada?
Foreign divorce will generally be recognized by Ontario Court, if a party or both parties lived in a country where they obtained the divorce, for at least 1 year before the start of the divorce proceedings.
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If neither of the parties lived in the country for a year, the divorce may still be legal if the person seeking divorce, can prove they have a “real and substantial connection” with the country. We recommend that you work with a divorce lawyer since this process is complex and sometimes, time consuming. Shuter Law has dealt with foreign divorce and our family lawyers are here to assist you.
If you’re ready to remarry, the Ministry of Government and Consumer Services needs to confirm your divorce meets Canadian legal standards.
Court will ask for the following documents:
- Marriage license application jointly completed by you and your new spouse
- An original or notarized copy of divorce order (if it isn’t English, you will need to obtain a court-certified transcript)
- Statement of Sole Responsibility form
- Foreign Divorce Opinion Letter drafted by a lawyer (states that the foreign divorce is recognised and valid in Ontario)
What’s included in a Foreign Opinion Letter?
In a Foreign Divorce Opinion letter, the authorized Ontario lawyer assesses if your foreign divorce meets Ontario’s legal criteria for recognition. This includes confirming whether you or your spouse lived in the country where the divorce took place for at least 12 months or if there’s a significant connection to that country.
It also evaluates if the divorce complies with Canadian law for purposes like remarrying in Ontario or settling family matters.
How can Shuter Law help?
Beyond foreign divorce matters, we also provide legal assistance with spousal and child support in international cases. Whether you’re dealing with cross-border custody or financial support issues, we ensure your rights and responsibilities are protected. Our family lawyers are here to assist you. Reach out for a free consultation today (15 minutes only).