When does a divorce become final in Nova Scotia, and when do you get the certificate?
This answer covers the law of Nova Scotia.
A divorce in Nova Scotia becomes final on the 31st day after the day the judge's judgment granting it is rendered. Until then, the divorce has not yet taken effect.
The divorce certificate comes later. The court issues it only after the divorce is granted and the appeal period has passed. Divorces are heard in the Supreme Court of Nova Scotia (Family Division), and all family law matters there are handled under Rule 59 of the Civil Procedure Rules.
Getting to a judgment depends on a few things. The court must be satisfied there has been no collusion. Generally the spouses must have lived separate and apart for at least one year immediately before the divorce is determined, and were living apart when it started, though adultery, or cruelty that makes living together intolerable, can allow a divorce without that wait. If you both agree on everything, you can file a joint application on Form 59.46, and the file can go to a judge without a hearing. How long it takes depends on your situation, so a lawyer can confirm what to expect.
Key takeaways
- A divorce takes effect on the 31st day after the day the judgment granting it is rendered.
- The court's divorce certificate is issued only after the divorce is granted and the appeal period has passed.
- Divorces are heard in the Supreme Court of Nova Scotia (Family Division) under Rule 59 of the Civil Procedure Rules.
- Even on a joint application where you agree on everything, the court must still be satisfied there was no collusion.