How to Get a Copy of Your Alberta Divorce Order

Divorce paperwork often goes missing after a move, a separation of households or simply the passage of years. Then a new situation arises, such as a remarriage, a support issue or a parenting dispute, and you need proof of what the court decided.

This article explains why a certified copy can matter, how divorce orders are treated across Canada, and what to work out before you contact the court. Court procedures and costs can change, so it is worth confirming current details directly.

This article covers the law of Alberta.

Why you might need a certified copy

A plain photocopy or a scan is not always enough. Some processes specifically call for a certified copy, which is a copy the court has confirmed as a true copy of the original.

• Police assistance with parenting time: where an enforcement order has a police-assistance provision, an enforcement officer must assist on request and on production of a certified copy of the order.
• Changing a parenting order made outside Alberta: you get a certified copy of the original order and file it with the other required documents at any Alberta court.
• Registering a support or parenting order in another province, which is covered below.

Other uses, such as proving your marital status for a remarriage or an immigration or name-change application, depend on the agency involved. Ask that agency which document it wants.

Work out which document you need

People often say divorce order when they mean a few different documents: the court order or judgment that granted the divorce, any orders about children or support, and the certificate that confirms the divorce took effect. These are not always the same piece of paper.

Before you request anything, check what the agency or lawyer asking you for proof actually wants. Asking for the wrong document can cost time and money.

Where to start looking

Start with the court file where your divorce was handled. The registry for that court is the place to ask what is on file and how to request copies. Ask the clerk what information they need from you, whether you can request a certified copy, how long it takes and what it will cost, because those details can vary.

• The full names of both former spouses, including any previous names.
• The approximate year the divorce was started and finished.
• The court location where it was handled, if you remember it.
• The court file number, if it appears on any old paperwork, emails or lawyer correspondence.
• Your own photo identification.

If a lawyer acted for you in the divorce, their office may still have a copy or the file number. Your former spouse may also have a copy, although you should not count on that.

How divorce orders travel across Canada

Orders about support, parenting time, decision-making responsibility or contact made under the Divorce Act have legal effect throughout Canada. Such an order may be registered in any court in a province and enforced as that court's own order, or enforced in any other manner provided by that province's laws, including reciprocal enforcement arrangements.

Registering an order elsewhere does not change who can vary it. Despite registration, a court may vary a nationally effective Divorce Act order only in accordance with the Act.

If support is paid across borders, the Maintenance Enforcement Program can facilitate payments if the payor or recipient lives outside Alberta, through reciprocal registration agreements covering all Canadian provinces and territories, all American states and territories, and over 20 other countries.

What to do next

• Identify exactly which document the requesting agency or court wants.
• Gather the names, dates and file number you have.
• Contact the court registry where the divorce was handled and ask about the process, timing and cost.
• Ask whether you need a certified copy, and if so, request that rather than a plain copy.
• If you are dealing with support or parenting issues, speak with a lawyer about which orders you need.

Frequently asked questions