Did you get divorced outside of Canada and have questions about it? The issue of Divorce is governed by the Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), a federal Act, while Marriage, is an issue administered by each province. In Ontario, the Marriage Act, RSO 1990, c M.3 is the relevant legislation.
The quick answer is that in most cases and with the proper documentation you can get married in Ontario after receiving a divorce from another country as long as certain criteria were met. Let’s take a deeper look into this complex question.
For a divorce granted outside of Canada to be recognized in Canada, it must be established that the tests set out under the Divorce Act of Canada would have been met had the Divorce Application been brought in Canada. The test includes ensuring that the required time periods for residency and separation are met as well as ensuring that the needs of any qualifying children are accounted for.
The Divorce Act will look at the grounds for divorce, how long you lived in the country of divorce, what child support payments have been established (if applicable), if spousal support has been set and guidelines for that, as well as custody and parenting arrangements.
So, how do you prove that your Divorce is valid to allow you to marry in Ontario? The Ontario Government will most often require that you obtain a letter of Opinion for Foreign Divorce from a Family Law lawyer in Ontario. This letter will need to be sent to the proper Government Office and once you receive confirmation that your letter has been received and approved, you will receive confirmation from the government office which will permit you to obtain your Ontario Marriage license.
For more information about obtaining a letter of Opinion for Foreign Divorce or to book a free initial consultation with a family law lawyer to answer all your questions about getting divorced outside of Canada, please call 416-781-0800 or email us at hello@shnierlaw.ca.