How to Get a Certificate of Divorce in Alberta

Your divorce judgment has been granted, and now someone wants proof. Maybe you plan to remarry, apply for a passport or immigration, or sort out a pension. The paper that proves the marriage is legally over is the certificate of divorce, and it is different from the judgment itself.

This article explains when your divorce actually takes effect, how the Court of King's Bench of Alberta handles certificate requests, and what changes depending on where you will use the document. Your own dates and circumstances matter, so a lawyer can confirm anything specific to you.

This article covers the law of Alberta.

When your divorce actually takes effect

The day the judge signs is not the day you are divorced. Under the Divorce Act, a divorce takes effect on the thirty-first day after the day the judgment granting it is rendered. The Divorce Judgment (Form FL-25, or FL-26 if it includes corollary relief) is the order that grants the divorce, but the divorce is not final on the date it is signed.

This matters because you cannot safely treat yourself as free to remarry, or ask for the certificate, until that thirty-first day has passed. Count carefully from the date the judgment was rendered.

Earlier and later effective dates

The 31-day rule has exceptions. The court may fix an earlier effective date if it finds special circumstances and the spouses agree not to appeal, or any appeal has been abandoned. The Court's forms list includes an Undertaking Not to Appeal Divorce Judgment (QB025).

The date can also be later. If an appeal is pending, the divorce takes effect only when the time to appeal the appeal decision expires without a new appeal. If the case goes to the Supreme Court of Canada, the divorce takes effect on the day that court's judgment is rendered, unless the divorce is voided on appeal.

On appeals more generally, no appeal lies from a divorce judgment on or after the day the divorce takes effect. An appeal from an order must be brought within thirty days after the order was made, although the appellate court may extend the time on special grounds.

What the certificate is and why it carries weight

On request, the court that issued the final judgment must issue to any person a certificate that a divorce granted under the Divorce Act dissolved the marriage. A certificate or certified copy is conclusive proof of the facts it certifies, without proof of the signature or authority of the person signing it. Whether a passport office, immigration authority, pension administrator or marriage registrar wants the certificate, the judgment or both depends on their own requirements, so ask them what they need before you apply.

How to request it from the Court of King's Bench

• Wait until 31 days after the judgment was granted. The certificate is not available before then, and you should not submit the request earlier.
• Use the online Certificate of Divorce Request Form and submit it only once.
• Allow up to 10 business days for processing, not counting mailing time.
• Choose your delivery method based on where the certificate will be used.

The Court's page does not state a certificate fee, so check with the Court before you apply.

Special situations: old divorces, use abroad and urgent requests

• Older divorces: for a divorce under the former Divorce Act (decree nisi and decree absolute), a mandatory search applies, and a separate search fee and search request form are required. For divorces under the new Divorce Act, no mandatory search fee applies.
• Use outside Canada: a $25.00 authentication fee applies to a certificate requested for use outside Canada.
• Urgent requests: you must state a reason, such as immigration, passport application, imminent death, terminal illness, or other. Attending in person at the judicial centre where the divorce was granted may be faster.

If you have lost your certificate, you can make a new request through the same form. Check with the Court about how that works for your situation.

What to do next

• Find the date your judgment was rendered and count to the thirty-first day after it.
• Confirm no appeal is pending and no special effective date was set.
• Decide where you will use the certificate and how many copies you need.
• If you need it urgently, prepare your reason and consider the in-person option.
• Submit the online form once, then allow up to 10 business days plus mailing.
• If your divorce is older or involves an appeal, ask a lawyer to confirm the steps.

Frequently asked questions