There is no fixed turnaround time for a Foreign Divorce Opinion Letter. The time depends on how complete your foreign divorce documents are, whether translations are required, and whether the Ontario lawyer needs additional information before providing a legal opinion.
A straightforward file with clear documents and complete background information can usually be reviewed more efficiently. A file involving missing documents, unclear dates, residency questions or complicated recognition issues may take longer.
It is also important to separate two different timelines:
- The time the Ontario lawyer needs to review the foreign divorce and prepare the Legal Opinion Letter.
- The Ontario government’s processing time after the foreign divorce authorization documents are submitted.
Ontario currently advises that validation of documents relating to an out-of-country divorce may take up to four weeks. This is separate from the lawyer’s preparation time.
Is There a Standard Turnaround Time?
No standard timeline applies to every Foreign Divorce Opinion Letter.
Before preparing the letter, the lawyer must have enough information to assess whether the foreign divorce can be recognized in Ontario.
The review may take longer if there are questions about:
- where the divorce was granted;
- whether the divorce became final;
- where either former spouse lived around the time of the divorce;
- missing or incomplete records;
- differences in names or dates;
- foreign-language documents; or
- the legal basis for recognizing the foreign divorce.
This is why a lawyer may not be able to give an exact completion date before reviewing the documents.
Why Is Ontario Government Processing Separate?
The Foreign Divorce Opinion Letter is only one part of the process for someone who was divorced outside Canada and now wants to obtain an Ontario marriage licence.
Ontario’s current process generally requires documents including:
- a completed and signed Marriage Licence Application;
- a Statement of Sole Responsibility;
- a Legal Opinion Letter from an Ontario lawyer; and
- a copy of the foreign Divorce Decree or Annulment.
These documents must then go through Ontario’s foreign divorce authorization process.
Therefore, receiving the lawyer’s opinion letter does not necessarily mean you can immediately proceed with the marriage licence.
If you have an upcoming wedding, you should plan for both the lawyer’s review and the separate government processing period.
What Are the Steps for Getting a Foreign Divorce Opinion Letter?
Step 1: Provide Your Divorce Documents
The process begins by providing the Ontario lawyer with your foreign divorce records and information about the previous marriage.
You may need to provide:
- the divorce decree, judgment or certificate;
- identification;
- the date and place of the previous marriage;
- the country where the divorce was obtained;
- the date the divorce became final;
- information about where you and your former spouse lived; and
- translations where required.
Providing complete documents from the beginning can reduce unnecessary follow-up.
Step 2: The Lawyer Reviews the Foreign Divorce
The lawyer reviews the documents and circumstances surrounding the divorce.
This involves more than simply checking whether a divorce certificate exists. The lawyer must determine whether there is a sufficient legal basis for providing an opinion that the foreign divorce should be recognized in Ontario.
A clear file with complete documents may require fewer questions. More complicated circumstances may require additional legal analysis.
Step 3: Provide Missing Information
If something is incomplete or unclear, the lawyer may ask for additional records or explanations.
Common problems include:
- missing pages;
- unreadable scans;
- unclear divorce dates;
- different spellings of names;
- documents that do not clearly show the divorce is final;
- insufficient residency information; and
- missing translations.
The amount of time you take to provide requested information can affect the overall turnaround.
Step 4: The Legal Opinion Letter Is Prepared
Once the lawyer has sufficient information and completes the recognition analysis, the Foreign Divorce Opinion Letter, also called a Legal Opinion Letter, can be prepared where appropriate.
The letter explains why the foreign divorce or annulment should be recognized in Ontario.
The lawyer’s work on the opinion letter may be complete at this stage, but Ontario’s separate authorization requirements still remain.
Do Foreign Divorce Documents Need Translation?
If the Divorce Decree or Annulment is not in English or French, translation requirements can add time to the process.
Ontario currently requires a translated copy together with an affidavit sworn by a certified translator when the original foreign divorce document is in another language.
It is best to identify translation requirements early.
Waiting until shortly before a wedding to arrange a translation can delay both the lawyer’s review and the later authorization process.
What Commonly Delays a Foreign Divorce Opinion Letter?
Most avoidable delays occur because the lawyer does not receive enough reliable information at the beginning.
Common issues include incomplete divorce records, poor-quality scans, missing court pages, inconsistent names or dates, missing residency information and documents that do not clearly establish that the divorce became final.
Some cases may also involve more complicated recognition questions.
For example, additional review may be required if it is unclear where the former spouses lived, whether the foreign court had an appropriate connection to the parties, or how the foreign divorce process operated.
A delay does not automatically mean the foreign divorce cannot be recognized. It may simply mean the lawyer needs additional evidence before providing the opinion.
How Can You Reduce Delays?
You can make the review more efficient by preparing your documents before contacting the lawyer.
Make sure your divorce record is complete and that every page is readable. Check names and dates carefully and tell the lawyer about any differences between your passport, marriage documents and divorce records.
You should also be ready to provide information about where you and your former spouse lived around the time of the divorce.
If the documents are not in English or French, determine whether a certified translation is required as early as possible.
If you already have a wedding date, tell the lawyer at the beginning of the process.
How Far Before Your Wedding Should You Start?
Start as early as reasonably possible.
Waiting until shortly before the wedding can create problems if you discover that a replacement divorce document must be obtained from another country, a translation is required or additional legal analysis is necessary.
You also need to account for Ontario’s separate government processing period, which currently may take up to four weeks after the required authorization documents are submitted.
That four-week period does not include the time needed to gather your documents or obtain the Legal Opinion Letter.
Can the Process Be Expedited?
A Toronto lawyer may sometimes be able to prioritize a file depending on availability and the circumstances.
However, expedited legal review cannot eliminate problems caused by missing documents, translations or complex recognition questions.
The lawyer also does not control Ontario’s processing time.
If your wedding date is approaching, the best approach is to submit complete documents as early as possible rather than relying on expedited processing.
What Happens After the Opinion Letter Is Prepared?
The Foreign Divorce Opinion Letter becomes part of the documentation required for Ontario’s foreign divorce authorization process.
The overall timeline can be viewed as:
Gather documents → lawyer reviews foreign divorce → Legal Opinion Letter is prepared → authorization documents are submitted → Ontario processes the authorization → marriage licence process continues
For this reason, the answer to “How long does a Foreign Divorce Opinion Letter take?” depends on whether you are asking about the lawyer’s preparation time or the complete process before obtaining a marriage licence.