Getting Your Divorce Certificate After the Order in Ontario

A divorce order is a major step, but many people are unsure what comes next. Questions about the effective date, certificates and your plans afterwards depend on your situation, so it is worth confirming them with the court or a lawyer.

This article explains how to approach that conversation in Ontario and what else to tidy up after the order. The exact steps are best confirmed directly with the court that issued your order.

After the order: what to confirm

A divorce order is the court's decision in your case. What paperwork you need afterwards, and when particular consequences begin, depend on your situation. Before you make plans that rely on your marital status, confirm the details with the court that handled your divorce or with a lawyer.

When the divorce takes effect and how the certificate is requested depend on the court's process and your file. Ask the court registry that handled your divorce, or a lawyer, to confirm the date in writing.

Which court to contact

Divorce is heard by the Superior Court of Justice, including the Family Court Branch where there is one, and not by the Ontario Court of Justice. Contact the court location that issued your order, and have your court file number ready.

Under the federal Divorce Act, a court in a province can hear a divorce proceeding if either spouse has been habitually resident in that province for at least one year immediately before the proceeding starts. That rule is about where a divorce case can be started. For questions about certificates or timing, ask the court that issued your order or a lawyer.

If you did not use a lawyer, a Family Law Information Centre at a family court can give free court forms and general information about procedure. Staff give information, not legal advice.

What to have ready when you ask

• The court file number and the names of both parties as they appear on the application.
• A copy of the divorce order.
• Your original application, if you have it. A divorce-only case uses Form 8A, and the general application is Form 8.
• Proof of service or the signed joint application, depending on how the case started. A joint divorce uses Form 8A signed and dated by both spouses, and otherwise the application is served by someone other than the applicant who is at least 18, after which the applicant files Form 6B (Affidavit of Service).
• Any other documents the court office asks for. What it needs depends on your situation, so it is worth confirming with the court office before you go.

Whether a fee applies to a certificate request is not something to guess at. Ask the court office. Filings in the Superior Court of Justice may require a fee, and a fee waiver may be available.

Other things to finish after the order

• If you have a separation agreement, remember that a domestic contract is unenforceable unless it is in writing, signed by the parties and witnessed.
• A party to a domestic contract may file it with the clerk of the Ontario Court of Justice or the Family Court so its support provisions can be enforced.
• If someone does not obey an order, the court may make any order it considers necessary, including costs, dismissing a claim and striking out documents.
• If you and your former spouse later disagree, the Divorce Act says that, to the extent it is appropriate, parties must try to resolve matters through a family dispute resolution process outside court, such as negotiation, mediation and collaborative law.
• Keep complete copies of everything, including financial disclosure, in case you need to return to court later.

A domestic contract can be set aside by a court on application on grounds that include a party's failure to disclose significant assets, or a party not understanding the nature or consequences of the contract. If you have concerns about an old agreement, speak to a lawyer promptly.

What to do next

• Locate your order and court file number.
• Contact the court that granted the divorce and ask when it takes effect and how to request the certificate.
• Ask for the answer in writing, and ask about any fee.
• Before booking a wedding or making other plans that depend on your marital status, confirm the timing with the court or a lawyer.
• If you cannot afford advice, ask about duty counsel or advice lawyers: low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel.

Frequently asked questions