Divorce Judgment vs. Certificate of Divorce in Alberta Explained

You may have been told the judge has signed your divorce. That is good news, but it can leave you unsure whether you are divorced yet and which piece of paper actually proves it.

In Alberta there are two different documents, and they do different jobs. This article explains each one, when the divorce takes effect, and when you are likely to need which.

This article covers the law of Alberta.

The Divorce Judgment: the order that grants the divorce

The Divorce Judgment is the court order granting your divorce. In Alberta it is Form FL-25, or Form FL-26 when it also deals with corollary relief. Corollary relief means related orders, such as those for support or parenting.

A paper-based (desk) divorce, where no one appears in court, is available only in certain situations: both parties consent, the defendant has not responded and has been noted in default, the Court orders it on application, or a joint statement of claim was filed and no party has withdrawn. The Court's uncontested forms also cover only divorces where parenting, decision-making and support are settled, and they do not deal with property division. In a desk divorce the judge can grant the judgment on paper, direct an appearance, ask for more evidence or send you to a trial on oral evidence, so a hearing happens only if the Court orders one.

A desk divorce application consists of a Request for Divorce (Form FL-21, or FL-22 for a joint request), a supporting affidavit, and a proposed Divorce Judgment (FL-25) or Divorce Judgment and Corollary Relief Order (FL-26). Handwritten divorce judgments are not accepted at any Judicial Centre, and fillable PDF forms are provided.

If you are unrepresented, the Court allows you to put an email address on the checklist instead of a stamped envelope, and the granted judgment is then emailed, with a paper copy only on request.

Before granting a divorce, the court must be satisfied there has been no collusion and that reasonable child support arrangements are in place. If they are not, it must stay the divorce until they are.

When the divorce actually takes effect

A divorce takes effect on the thirty-first day after the day the judgment is rendered, so it is not final on the date the judge signs. Until then you are still legally married.

There are exceptions to that timing.

• The court may set an earlier date if it finds special circumstances and the spouses agree not to appeal, or any appeal has been abandoned.
• If an appeal is pending, the divorce takes effect only when the time to appeal the appeal decision runs out 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.

No appeal lies from a divorce judgment on or after the day the divorce takes effect.

The Certificate of Divorce: your proof

The Certificate of Divorce is a separate document. On request, the court that issued the final judgment must issue a certificate that the divorce dissolved the marriage. A certificate or certified copy is conclusive proof of what it certifies, without proof of the signature or authority of the person signing it.

It is not available until 31 days after the judgment is granted, and the Court asks you not to request it before that period ends. Requests are made through the online Certificate of Divorce Request Form, which you should submit only once, and they may take up to 10 business days, excluding mailing time.

How the certificate is delivered depends on the use. For registering a new marriage in Alberta, an electronic copy is emailed and no hard copy is mailed. For use outside Canada or elsewhere in Canada, such as remarrying elsewhere or pension purposes, an original hard copy is mailed and you can request 1, 2 or 3 copies.

A few special cases may apply to you.

• A $25.00 authentication fee applies to a certificate requested for use outside Canada.
• Urgent requests must state a reason, such as immigration, passport application, imminent death, terminal illness, or other.
• For a divorce under the former Divorce Act (decree nisi and decree absolute), a mandatory search applies, with a separate search fee and search request form.

Which document do you use?

Which agency accepts which document can differ, so check with the office asking for proof. A lawyer can also help if you are unsure.

What to do next

• Note the date the judgment was rendered and count to the thirty-first day after it.
• Keep your copy of the Divorce Judgment in a safe place.
• Do not request the certificate before the 31 days have passed.
• If you plan to remarry or need proof for another country, find out which version of the certificate you need.
• If an appeal or other problem is involved, speak with a lawyer about timing.

Frequently asked questions