A foreign divorce kit is applicable to individuals whose former marriage was dissolved or annulled in a jurisdiction other than in Canada and may be obtained at the Municipal Offices. An authorization from the Minister of Consumer & Commercial Relations must be obtained before a Marriage License can be issued.
Requirements for authorization
To obtain an authorization from the Minister of Consumer and Commercial Relations, the applicant or a lawyer representing them must submit the following:
- A completed Marriage License Application signed by both applicants
- A copy of the Decree(s) of Divorce or Annulment (certified by the proper Court Officer in the jurisdiction where the divorce/annulment was granted or sealed by the Court). When the decree is a language other than English or French, a certified translation is also required.
- A Statement of Sole Responsibility for each divorce signed by both applicants and a blank Affidavit.
- A legal opinion of an Ontario Solicitor, addressed to both applicants, giving reasons why the divorce or annulment should be recognized in the Province of Ontario. The Solicitor's reasons for recognition must include reference to:
- Divorces granted prior to June 1, 1986
- The domicile of the husband
- The domicile of the wife
*In force July 1, 1968 for divorce, or in force March 31, 1978 for annulment for a real and substantial connection between the spouse and the granting jurisdiction
With respect to divorces granted on or after June 1, 1986:
- Rely on section 22 of the Divorce Act (Canada), the residence of either spouse;
- The domicile of the wife, if subsection 22(2) is relied upon;
- A real and substantial connection between the spouse and the granting jurisdiction
Note: In the event of the death of an ex-spouse subsequent to the granting of a divorce, and upon presentation of a valid Death Certificate, certain of the above requirements may not apply. For further information, please call 1-800-461-2156.
In addition to the above and in order to expedite this authorization, please note the following:
- The telephone number and return address where the couple can be contacted if further information is required should be enclosed.
- If a courier is required, please purchase a prepaid envelope.
After receiving the authorization from the Office of the Registrar General, return to your local municipal office with the completed marriage application and the authorization letter to obtain your Marriage License.