- The court will not grant a divorce until it has your marriage certificate or marriage registration certificate and a Central Registry report on any earlier divorce cases.
- If you do not have the original marriage certificate, the court can still grant the divorce if it accepts the explanation in your Form 36 affidavit.
- Only married couples can divorce, so a couple who never legally married does not need a divorce.
Many people start a divorce and then discover the marriage certificate is missing, was left behind in another country, or never existed because the wedding was a religious ceremony only. It is a common snag, and it does not always mean the divorce is stuck.
This article explains what proof of marriage an Ontario court looks for, what happens if you cannot produce the original, and how the rest of the paperwork fits around it. Your own situation may turn on details, so a lawyer can confirm what applies to you.
What the court needs before it grants a divorce
In Ontario, the court will not grant a divorce until it has the marriage certificate (or marriage registration certificate) and a report from the Central Registry of Divorce Proceedings on any earlier divorce cases. The registry report is about earlier divorce proceedings, so it is a separate item from your proof of marriage.
The court also relies on your sworn affidavit. The Affidavit for Divorce is Form 36, and it must confirm the information in the application, prove the marriage if no certificate is filed, and prove any earlier divorce or death of a spouse.
Be careful with form numbers. Form 36 is the affidavit, Form 36A is the Certificate of Clerk (Divorce), and Form 36B is the Certificate of Divorce.
If you do not have the marriage certificate
A missing certificate is not automatically fatal. The court can grant the divorce without the original marriage certificate if it accepts the explanation given in the Form 36 affidavit.
That means your explanation matters. Be clear and truthful about why you do not have the document, what you did to try to get it, and how you can show the marriage took place. A certificate that is not in English must be translated by a certified translator.
- Check old files, safe-deposit boxes and with family members for the original or a copy.
- Ask the office or authority that recorded the marriage whether a replacement can be issued.
- If a replacement is not possible, write down the steps you took, since your affidavit needs to explain them.
- If your certificate is in another language, arrange a certified translation early.
Religious ceremony only: is it a marriage the court can end?
The court will not grant a divorce until it has the marriage certificate or marriage registration certificate. Whether a religious-only ceremony counts as a legal marriage depends on the facts, so it is worth putting that question to a lawyer before you file.
If you were never legally married, you may not need a divorce at all. Only married couples can divorce, and unmarried partners are not legally required to split property acquired while living together. Property and support issues for unmarried partners work differently, and for spousal support, the word spouse can include people who lived together continuously for at least three years, or who are in a relationship of some permanence and are the parents of a child.
If you are unsure which record applies to your situation, or what to put in your affidavit when no certificate is filed, a lawyer can confirm this before you file.
How proof of marriage fits with the rest of the divorce
Proof of marriage is one piece. The court also has to be satisfied on residence, breakdown and children before it grants a divorce.
| Requirement | What it means |
|---|---|
| Residence | Either spouse must have been habitually resident in Ontario for at least one year immediately before the proceeding starts. |
| Breakdown | Usually proved by living separate and apart for at least one year, with an exception for adultery or cruelty. |
| Children | The court must be satisfied reasonable support arrangements are in place for any children of the marriage. |
| Application | Form 8A is the Application (Divorce), filed by one spouse or jointly by both. |
| Draft order | The applicant files three copies of a draft Divorce Order (Form 25A) and stamped envelopes for each party. |
An uncontested divorce is decided on paper, and Rule 36 does not require anyone to attend in person. A simple or joint divorce can be filed online, through the Ontario Courts Public Portal in Toronto or Family Submissions Online elsewhere.
What to do next
- Look for the original marriage certificate or marriage registration certificate, and a copy if you cannot find the original.
- If you cannot get one, note why and what you tried, so your Form 36 affidavit can explain it.
- Arrange a certified translation if any document is not in English.
- Gather details of any earlier divorces or the death of a former spouse, since the affidavit must prove them.
- If your marriage was a religious ceremony only, ask a lawyer whether it is a legal marriage before you file.
- Keep in mind that the divorce generally takes effect on the 31st day after the judgment is made, but the court can make it earlier in special circumstances if both spouses agree and undertake not to appeal, and a pending appeal delays it. After it takes effect, the clerk issues a Certificate of Divorce (Form 36B) at either party's request, once the clerk has checked that no appeal is pending and no extension of the appeal time is outstanding.
Once you have your certificate of divorce, keep it safe. To marry again in Ontario after a divorce granted in Canada, you must bring official proof of the divorce, such as the final decree, the final judgment or a certificate of divorce.
Frequently asked questions
Can I get a divorce in Ontario without my marriage certificate?
Possibly. The court can grant the divorce without the original marriage certificate if it accepts the explanation given in your Form 36 affidavit. A certificate that is not in English must be translated by a certified translator.
Which form is the affidavit for an uncontested divorce?
It is Form 36, the Affidavit for Divorce. Form 36A is the clerk's certificate and Form 36B is the Certificate of Divorce.
Do I need to go to court to prove my marriage?
In an uncontested divorce, the case is decided on paper and Rule 36 does not require anyone to attend in person. If an answer is filed and the case is contested, parties attend conferences.
I only had a religious wedding. Do I need a divorce?
It depends on whether the ceremony created a legal marriage, which turns on the facts. Only married couples can divorce. A lawyer can tell you whether a divorce or a different process applies.
Sources
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 3(1) – Justice Laws — Justice Laws (federal)
- Divorce Act, s. 8(2)(a) – Justice Laws — Justice Laws (federal)
- Divorce Act, s. 11(1)(b) – Justice Laws — Justice Laws (federal)
- Divorce Act, s. 21(3) – Justice Laws — Justice Laws (federal)
- Family Law Rules, O. Reg. 114/99, r. 36(8) – e-Laws — Ontario e-Laws
- Ontario.ca – Getting married — ontario.ca
- Ontario.ca – Documents for divorce applications — ontario.ca
- Ontario.ca – File a divorce application online — 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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