- A divorce takes effect on the thirty-first day after the judgment granting it is rendered.
- A certificate of divorce is conclusive proof of the facts certified, which makes it useful when you update records.
- Each ID issuer and record holder sets its own document requirements, so confirm them with each one.
If you want to go back to a former name after a divorce, what you need to show and to whom depends on your situation, so it is worth confirming with each office that holds your records. Getting that proof in order is the first practical step.
This article covers the divorce side of the process: when the divorce is in effect and how to get a certificate. Name-change rules and ID requirements vary by agency, so check them with each one directly.
This article covers the law of British Columbia.
Wait until the divorce is in effect
A divorce takes effect on the thirty-first day after the day the judgment granting it is rendered. The BC government says the divorce becomes final automatically after that period if no appeal is filed.
The court may order a divorce to take effect earlier if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned.
It helps to keep separation and divorce apart in your mind. You can separate without any court step, but you must have a divorce order if you want to remarry. The BC government also says you cannot remarry until the 31-day period has passed. Once a divorce is in effect, it dissolves the marriage and has legal effect throughout Canada.
Get a certificate of divorce
A certificate of divorce is conclusive proof of the facts certified. To get one, attend the Supreme Court registry where the divorce was filed, or mail a request to that registry, and make sure 31 days have passed since the divorce order.
| How you ask | Fee and what to include |
|---|---|
| In person | The fee is $40. |
| By mail | Send a cheque or money order for $50 payable to the Minister of Finance, which includes a $10 mailing fee, with the court file number or both parties' full names, your mailing address and your phone number. |
If your divorce was granted 10 or more years ago, you may need to get a copy of the divorce order from BC Archives and give it to the court registry.
Fees and procedures can change, so it is sensible to confirm the current details with the registry before you attend or mail your request. Having your court file number on hand can make the request simpler.
Updating your ID and records
Each organization sets its own rules about what it accepts as proof of a name change. That can include government ID, banks, employers, schools and professional bodies. What each one accepts can differ, so ask what it needs before you go.
Whether you need a formal name-change application, rather than just showing divorce documents, can depend on the name you want and on what name appears on your birth and marriage records. How this applies depends on your situation, so it is worth confirming with a lawyer.
Because the order in which you update records can matter to some offices, it is worth asking whether one record needs to be changed before another. How this applies depends on your situation, so it is worth confirming with each office.
Where to get help
If you are handling your divorce paperwork yourself, there are public supports you can turn to. The BC government lists these for people handling their own divorce:
- Family Justice Centres and Justice Access Centres.
- The Parenting After Separation course.
- The BC Legal Referral Service.
- Legal Aid BC.
If your situation is unusual, for example if you are unsure whether your divorce is in effect or which name appears on your records, a lawyer can review it with you.
What to do next
- Confirm the date the divorce order was granted and count 31 days from it.
- Request your certificate of divorce from the registry where the divorce was filed.
- Make a list of every record that carries your name, such as ID, bank accounts, insurance, employment and tax records.
- Ask each office which documents it requires.
- Keep several copies of your divorce documents in a safe place.
Frequently asked questions
How soon can I get a certificate of divorce?
You need to make sure 31 days have passed since the divorce order before you ask for one. The divorce itself takes effect on the thirty-first day after the judgment is rendered.
What does a certificate of divorce cost?
The fee is $40 in person. By mail, you send a cheque or money order for $50, which includes a $10 mailing fee.
Is a certificate of divorce enough to change my name everywhere?
It is conclusive proof of the facts it certifies. But each organization sets its own requirements, so ask each one what it needs.
My divorce was a long time ago. Can I still get a certificate?
Possibly. If the divorce was granted 10 or more years ago, you may need to get a copy of the order from BC Archives and give it to the court registry.
Sources
- Province of BC – What do I need to know about getting a divorce? — www2.gov.bc.ca
- Divorce Act, s. 12(1) — Justice Laws (federal)
- Province of BC – How do I get my divorce certificate? — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.