Can a divorce be reversed or cancelled after it is granted in Ontario?
A divorce cannot be "cancelled" or reversed once it takes effect. The Divorce Act allows for an appeal of a divorce order within the 31-day period before the order takes effect, and in that window a judge can stay (pause) the order pending an appeal. However, appeals are based on errors of law or process — a change of heart is not a legal basis to appeal a divorce.
Once the 31-day period passes and the divorce takes effect, it is final. If you want to remarry your former spouse, you would need to go through a new marriage ceremony; the old marriage is gone and cannot be reinstated.
Where the situation is slightly different is if there is a serious procedural error in the divorce — for example, a party was not properly served, there was fraud in the application, or the court lacked jurisdiction. In rare circumstances a court can set aside a divorce on these grounds, but this is exceptional and requires bringing a court motion.
Practically speaking, if you and your former spouse want to reconcile, the legal solution is simply to remarry. The prior marriage no longer exists as a legal entity; a fresh ceremony with a new marriage licence is required.
Key takeaways
- A divorce cannot be cancelled or reversed after it takes effect at the 31-day mark.
- Appeals within the 31-day window are possible but require a legal error, not a change of heart.
- Fraud or procedural errors can sometimes be grounds to set aside a divorce, but this is rare.
- To remarry a former spouse, a new marriage ceremony is required.