- A divorce takes effect on the thirty-first day after the judgment granting it is rendered, and you cannot remarry until that period has passed.
- You order a Certificate of Divorce from the Supreme Court registry where your divorce was filed, in person or by mail.
- A certificate of divorce is conclusive proof of the facts certified.
Getting a divorce order from the court is a big step, but it is not quite the end. The divorce does not take effect the moment the judge grants it, and many people are surprised to learn there is a waiting period before they are legally free to remarry.
Once the divorce is in effect, you may need a Certificate of Divorce to prove it, for example when remarrying or dealing with official records. This article explains the timing, how to order the certificate in British Columbia, and where to find free help.
This article covers the law of British Columbia.
When your divorce actually takes effect
Under the Divorce Act, a divorce takes effect on the thirty-first day after the day on which the judgment granting the divorce is rendered. The BC government describes this as the divorce becoming final automatically 31 days after the order is granted if no appeal is filed.
There is an exception. The court may order that the divorce take effect earlier than 31 days if there are special circumstances and the spouses agree not to appeal, or any appeal has been abandoned. This is not automatic, so do not assume it applies to you.
Why you cannot remarry before then
Separating and divorcing are different things. You can separate without any court step, but you must have a divorce order if you want to remarry. Even with an order in hand, you cannot remarry until the 31-day period has passed.
Once a divorce is in effect, it dissolves the marriage and has legal effect throughout Canada. Because of that, it is wise to confirm the exact date your divorce took effect before booking a wedding.
How to order a Certificate of Divorce
You request the certificate from the Supreme Court registry where your divorce was filed. You can attend the registry in person or mail a request to it, and you must make sure 31 days have passed since the divorce order.
| Method | Cost | What to provide |
|---|---|---|
| In person | $40 | Attend the registry where the divorce was filed |
| By mail | $50, by cheque or money order payable to the Minister of Finance, which includes a $10 mailing fee | Court file number or both parties' full names, your mailing address and phone number |
If your divorce was granted 10 or more years ago, you may need to get a copy of the divorce order from BC Archives and give it to the court registry.
What the certificate proves
A certificate of divorce is conclusive proof of the facts certified. In practice, that makes it the document most people use when they need to show an official body, or a future spouse, that the marriage has ended.
If you need to cite the exact subsections of the Divorce Act that deal with the certificate and its effect, check them against the current consolidated Act first, since numbering can matter in formal documents.
What to do next
- Find the date your divorce order was granted and count 31 days from it.
- Confirm no appeal has been filed and whether an earlier effective date was ordered.
- Locate your court file number or both parties' full names.
- Decide whether to order in person or by mail, and prepare the fee.
- If the divorce was granted 10 or more years ago, ask about getting the order from BC Archives first.
Free help is available if you are handling this yourself. Options include Family Justice Centres and Justice Access Centres, the free Parenting After Separation course, the BC Legal Referral Service, which offers a free first conversation with a lawyer, and Legal Aid BC. If your situation is unusual, such as an early effective date, a lawyer can confirm how the rules apply.
Frequently asked questions
How long after the divorce order can I remarry?
A divorce takes effect on the thirty-first day after the judgment granting it is rendered. You cannot remarry until that period has passed.
Can the 31-day wait be shortened?
Sometimes. The court may order an earlier date if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned. It is not automatic.
How much does a Certificate of Divorce cost in BC?
It is $40 in person. By mail, you send a cheque or money order for $50 payable to the Minister of Finance, which includes a $10 mailing fee.
My divorce was granted many years ago. Can I still get a certificate?
Generally yes, but if it was granted 10 or more years ago you may need to obtain a copy of the divorce order from BC Archives and give it to the court registry.
Sources
- Province of BC – What do I need to know about getting a divorce? — www2.gov.bc.ca
- Divorce Act, s. 12(1) — Justice Laws (federal)
- Province of BC – How do I get my divorce certificate? — www2.gov.bc.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
An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.