- The divorce order is the judgment granting the divorce, and the divorce takes effect on the 31st day after it is made.
- The certificate of divorce is the document that proves the date of the divorce.
- You need official proof of divorce, such as a certificate, to get an Ontario marriage licence later.
After a divorce is granted, you may find yourself holding a court order and wondering whether you are actually divorced yet. Many people also hear about a separate certificate and are not sure which paper they need.
The two documents do different jobs. This article explains what each one is, when your divorce takes effect, how to get the certificate, and which one to use when an agency asks for proof.
What the divorce order is
The divorce order is the judgment a judge makes granting your divorce. In an uncontested case, the judge decides on paper after the clerk presents the file. The order itself states that the divorce is effective 31 days after the order was made.
Having the order does not mean you are divorced on that day. It is the court's decision, and the legal ending of the marriage comes later.
When the divorce takes effect
A divorce takes effect on the 31st day after the day the judgment granting it is made. Once it takes effect, it ends the marriage and has legal effect throughout Canada.
There are exceptions that can change the timing.
- The court can make the divorce take effect earlier if special circumstances justify it and both spouses agree and undertake not to appeal.
- No appeal may be brought more than 30 days after the order was made, although an appellate court can extend that time on special grounds, and a pending appeal delays when the divorce takes effect.
What the Certificate of Divorce is
The Certificate of Divorce is Form 36B. It is proof of the date of the divorce. Once the divorce takes effect, the clerk will issue it at either party's request, after checking that no appeal is pending and no extension of the appeal time is outstanding.
| Document | What it is | What it shows |
|---|---|---|
| Divorce order | The judge's decision granting the divorce | That the divorce was granted, and that it is effective 31 days after the order |
| Certificate of divorce | Issued by the clerk after the divorce takes effect | Proof of the date of the divorce |
Which document to show an agency
The certificate is the cleaner proof that the divorce has actually taken effect, because the clerk issues it only after checking the appeal position. Agencies set their own requirements, so ask each one what it accepts.
If you plan to remarry in Ontario after a divorce granted in Canada, you must bring official proof of the divorce: a copy of the final decree, the final judgment or a certificate of divorce. If your divorce was granted outside Canada, a different process applies, including a legal opinion letter from an Ontario lawyer.
How to get your certificate
The certificate costs $25. You can request it online with an Ontario.ca Login, in person at the courthouse, or by mail. You will need the court location, the court file number and the year the divorce was granted.
- Confirm the divorce has taken effect and no appeal is pending.
- Find your court location and court file number.
- Note the year the divorce was granted.
- Request Form 36B online, in person or by mail and pay the fee.
If you are unsure whether your divorce has taken effect, or an appeal is involved, a family lawyer can confirm where you stand.
Frequently asked questions
Am I divorced on the day the judge signs the order?
Generally no. A divorce takes effect on the 31st day after the day the judgment is made. The court can shorten this only in special circumstances where both spouses agree and undertake not to appeal.
Do I need the certificate to remarry?
For a divorce granted in Canada, you must bring official proof such as the final decree, the final judgment or a certificate of divorce. The certificate is one accepted option.
Who can ask for the Certificate of Divorce?
The clerk will issue it at either party's request once the divorce takes effect and no appeal is pending.
How much does the certificate cost?
The divorce certificate costs $25. Fees can change, so check the current amount when you apply.
Sources
- Divorce Act, s. 12(1) – Justice Laws — Justice Laws (federal)
- Divorce Act, s. 21(3) – Justice Laws — Justice Laws (federal)
- Ontario.ca – Guide to procedures in family court: Documents for divorce applications — ontario.ca
- Family Law Rules, O. Reg. 114/99, r. 36(8) – e-Laws — Ontario e-Laws
- Ontario.ca – Get copies of family law documents from court — ontario.ca
- Ontario.ca – Getting married — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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