For the lawyer in Ontario to be able to draft the Opinion Letter, the applicant must provide specific types of information and documentation. It is important to note, if both parties were divorced outside of Canada, they must each provide separate documentation.

The individuals to the marriage, if applicable, will need to provide the following documentation. All must be in the original form, or it must be authenticated by the court or jurisdiction granting the divorce. Photocopies or scanned copies of documents are not accepted, and illegible or partially destroyed, or damaged copies are also not acceptable for use.

The original divorce documentation for the divorce outside of Canada will need to be included in the application to the Ontario family lawyer. This document is not kept by the attorney and is returned to the individual as soon as the application for the Opinion Letter is processed.

If there is concern about this documentation, or the ability to obtain the necessary documentation, talking to an Ontario family lawyer before submitting any information is highly recommended. This can save time and allow you to have support in knowing what government or agency to contact to obtain the necessary information.

If the divorce decree is written in a language other than English or French, a translated copy must be provided in addition to the original. The translation cannot be completed by one of the applicants for the marriage license. The translation must be certified.

The application also needs to include a marriage license application that has been fully completed and signed by both people intending to marry.

Both people must also sign a Statement of Sole Responsibility. This is required as part of the package and stipulates the parties to the marriage application understand that the granting of the marriage license does not necessarily imply any previous divorce or annulment of a previous marriage is recognized by the province.

The application must also include proof of meeting the eligibility requirements for a valid divorce outside of Canada by showing a substantial connection to the country granting the divorce. This includes proving one of two different criteria.

The first option includes proving either you or your ex-spouse were living in and a resident of the country where the divorce was granted for at least 12 months. One or both of you must have been living in that country for at least a year prior to the divorce. This eliminates concerns about locations that provide “quick divorces.” These types of divorces are not accepted as legal to allow someone to remarry in Ontario, and they are not accepted in many other jurisdictions around the world. This is critical to prevent someone from marrying in Ontario without being legally divorced from their last spouse.

The other way to provide the proof required is to be able to demonstrate a connection to the country where the divorce was granted or obtained. This is a more subjective criteria, and it may be possible to use one of several options to demonstrate this connection.

People who are born in the same country they were divorced in or those who frequently travel to that country can often demonstrate the necessary connection. In many cases, people have worked in the country, or they may own or have owned property, and this may provide the information needed to document a substantial connection.