Foreign Divorce in Ontario
Recognition of foreign divorce decrees in OntarioHere is a sample opinion letter about the validity of a foreign divorce order in Ontario.
Dear Ms Smith:
Re: Application for a marriage licence
You wish to be married in Ontario and have retained me to provide an opinion concerning the recognition in Ontario of a divorce granted on June 16, 2007 by the Superior Court of New Jersey, Chancery Division, Family Part in Bergen County, dissolving the marriage of John Smith and Jane Smith (the “Divorce”).
Based on the information contained in the application for your marriage licence, the material you have shown me in support of the application, including the original of the decree of the divorce, and a certified translation thereof, and on the information you have provided to me orally, it is my opinion that the divorce would be recognized in Ontario:
Under subsection 22(1) of the Divorce Act (Canada), because Jane Smith was ordinarily resident in the jurisdiction that granted the divorce for at least one year immediately preceding the commencement of the proceedings for the divorce.
I am satisfied that the court that granted the divorce had jurisdiction to do so according to its own law. Furthermore, there is no evidence of fraud or of a denial of natural justice concerning the granting of the divorce.
In my view, therefore, the divorce would be recognized in the Province of Ontario and Jane Smith would, according to the law of Ontario, be considered free at this time to marry.
Yours very truly,
Behrendt Professional Corporation
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