Foreign divorce decrees in Ontario family law

This is our cache of http://www.ottawadivorce.com/foreign-divorce-2.htm.
our cache is the snapshot that we took of the page as we crawled the web.
The page may have changed since that time. Click here for the current page without highlighting.

We are neither affiliated with the authors of this page nor responsible for its content.

Canada Divorce Advice
Child Support Canada
Child Custody in Canada
Spousal Support (Alimony)
Property Divorce Laws

Family Law Procedure
Divorce Mediation
Marriage Annulment
Joint Custody
Legal Separation Canada

Extramarital Affairs
DNA Paternity Testing
Deciding on Divorce
Save Your Marriage
Divorce Papers

BEHRENDT LAW CHAMBERS Divorce and Family Law

Foreign Divorce in Ontario

Recognition of foreign divorce decrees in Ontario

Here 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, 1997 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,

Jeffrey Behrendt, BA, JD, LLM
Divorce and Family Law Lawyer

Recognition of foreign divorce decrees in Ontario

Instructions for obtaining marriage certificate if divorced abroad

Will my divorce from another country be recognized in Canada?

You're Invited to Call or E-Mail! If you are considering divorce in Ontario -- or have already made your decision -- you're invited to call us. We'll explain how you can protect your legal rights, reduce the expense of divorce, and protect your children from undue emotional stress.

Also, if you would like to discuss legal services in other areas of Canadian family law, you're invited to call us toll-free at 1-888-832-2456, or e-mail us at Behrendt@OttawaDivorce.com.

About Us:
Who We Are: Bios and Photos
What We Do: List of Legal Services
Why Hire Us: 27 Reasons
What Clients Are Saying: 24 Clients Opinions
You Can't Go Wrong: Client Services Guarantee
Key Questions: Answers to Your Key Questions
What It Costs: Legal Fees
Need Help: How We Can Help You
Contact Us: Offices in Ottawa and Toronto
Get Started: BOOK A CONSULTATION

Start Your Divorce Save Your Marriage FREE Divorce Mini-Course Save Legal Fees

HOME PAGE: Divorce

© 2001-2005 by Jeffrey Behrendt, Canadian divorce & family law lawyer. Offices in Ottawa & Toronto.

JRun Server Name: nutch1 pageload time: 78ms