- You cannot get the certificate until 31 days after the judgment is granted, and you should not submit your request before then.
- Requests go through the Court's online Certificate of Divorce Request Form, which should be submitted only once.
- How you receive the certificate depends on whether you will use it in Alberta or elsewhere.
Once you have a Divorce Judgment, you may need written proof of your divorce to remarry, update records or deal with a pension. That proof is the Certificate of Divorce. Many people assume the judgment itself is enough, then find that an office or another country wants the certificate instead.
This article walks through the wait, the request process with the Court of King's Bench, the delivery options, the extra steps for older or urgent files and what to do if you have lost your certificate. It explains how things generally work. If your situation is unusual, it is worth confirming the details with a lawyer.
This article covers the law of Alberta.
Judgment, effective date and the 31-day wait
The Divorce Judgment is the court order granting the divorce. It is Form FL-25, or Form FL-26 when it also deals with corollary relief. The divorce is not final on the date the judge signs it. A divorce takes effect on the thirty-first day after the day the judgment is rendered.
The Court of King's Bench says the Certificate of Divorce is not available until 31 days after the judgment is granted, and applicants should not submit the request before that period ends.
There are exceptions to the usual 31 days. The court may fix an earlier effective 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 expires 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. Whether any of these applies to you depends on your situation, so confirm it with a lawyer if you are unsure.
No appeal lies from a divorce judgment on or after the day the divorce takes effect.
What the certificate is and who can request it
On request, the court that issued the final judgment must issue to any person a certificate that a divorce granted under the Divorce Act dissolved the marriage. A certificate or certified copy is conclusive proof of the facts it certifies, without proof of the signature or authority of the person signing it.
In plain words, the certificate is the document you show when someone needs proof that your marriage has ended. It is a separate step from getting the judgment, and the Court handles it through its own request form.
How to make the request
Requests are made through the Court of King's Bench online Certificate of Divorce Request Form. Submit it only once. Processing may take up to 10 business days, not counting mailing time.
- Have your court file details and judgment date ready.
- Count 31 days from the date the judgment was granted before you submit.
- Choose how the certificate will be delivered (see below).
- Submit the form once and keep a record that you did.
- Allow up to 10 business days plus mailing time.
Submitting the form more than once can create confusion about which request the Court is working on, so wait for the stated processing time to pass before following up.
Delivery, fees, older divorces and urgent requests
| Your purpose | Delivery |
|---|---|
| Registering a new marriage in Alberta | An electronic copy is emailed; no hard copy is mailed |
| 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 $25.00 authentication fee applies to a certificate of divorce requested for use outside Canada.
If your divorce was granted under the former Divorce Act (decree nisi and decree absolute), a mandatory search applies, with a separate search fee and search request form. For divorces under the new Divorce Act, no mandatory search fee applies.
Urgent requests must state a reason, such as immigration, passport application, imminent death, terminal illness or another reason. The Court notes that attending in person at the judicial centre where the divorce was granted may be faster.
If you lose your certificate, and what to do next
If you lose your certificate, you can make a new request through the same online form. Contact the Court to confirm how it handles replacements and whether any fee applies, since that is not something this article can confirm.
Before you start, think about where the certificate will be used. A government office, a pension administrator or a foreign authority may each have its own requirements, and it is worth asking them what form of proof they accept.
- Confirm 31 days have passed since the judgment was granted.
- Check whether any exception, such as an appeal, affects when your divorce took effect.
- Decide where you will use the certificate and how many copies you need.
- Complete the online form once.
- Check with the Court if you have not heard back after the stated processing time.
Frequently asked questions
How long does it take to get a Certificate of Divorce?
You must wait until 31 days after the judgment is granted before requesting it. After that, processing may take up to 10 business days, excluding mailing time. If you need it sooner, urgent requests must state a reason, and attending in person at the judicial centre where the divorce was granted may be faster.
Can I get more than one copy?
If you need an original hard copy for use outside Canada or elsewhere in Canada, you can request 1, 2 or 3 copies. For registering a new marriage in Alberta, an electronic copy is emailed instead and no hard copy is mailed.
Is there a fee?
A $25.00 authentication fee applies to a certificate requested for use outside Canada. For divorces under the former Divorce Act, a separate search fee applies. For any other fees, check with the Court of King's Bench.
What if I lost my certificate?
You can make a new request through the same online form. Check with the Court about any fee or extra steps. If the situation is complicated, a lawyer can help you confirm what to do.
Sources
- Divorce Act, s. 12(1) — Justice Laws (federal)
- Divorce Act, s. 21 — Justice Laws (federal)
- Court of King's Bench – Certificate of Divorce Request Form — albertacourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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