- A divorce takes effect on the thirty-first day after the judgment is rendered, and you should wait until 31 days have passed before requesting the certificate.
- You can request the certificate in person at the Supreme Court registry where the divorce was filed, or by mail.
- The fee is $40 in person, or $50 by mail, which includes a $10 mailing fee.
A divorce order is not the same document as a Certificate of Divorce. Many people only realize this when a new spouse, a government office or a bank asks for proof that the marriage has ended.
This article explains how the divorce order comes about, when your divorce is final, how to get the certificate in British Columbia, what it costs, and what to do if your divorce is older.
This article covers the law of British Columbia.
How you get to a divorce order first
The certificate comes at the end of the divorce process, so it helps to know how the order itself is made. Only the Supreme Court of British Columbia can grant a divorce in BC. The court grants it if the marriage has broken down and the other legal requirements are met.
Breakdown of the marriage is the only ground for divorce. It is established in one of two ways: the spouses have lived separate and apart for at least one year, or the spouse against whom the proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty that makes continued cohabitation intolerable. The one-year wait does not apply when adultery or cruelty is proven.
Before granting the divorce, the court must be satisfied that reasonable arrangements have been made for any children of the marriage, including child support. With a desk order, you complete forms stating what you and your spouse agreed, and the judge reviews them to make sure the decisions align with the law and signs the order if satisfied.
Wait until the divorce is final
A divorce takes effect on the thirty-first day after the day on which the judgment granting the divorce is rendered. The BC government says the divorce becomes final automatically 31 days after the order is granted if no appeal is filed, and you cannot remarry until that period has passed.
There is an exception: the court may order the divorce to take effect earlier if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned. When you request the certificate, you need to make sure 31 days have passed since the divorce order.
How to request the certificate
Attend at the Supreme Court registry where the divorce was filed, or mail a request to that registry. The fee depends on how you ask:
| Method | Fee | What to provide |
|---|---|---|
| In person | $40 | Attend the registry where the divorce was filed, and make sure 31 days have passed since the divorce order |
| 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 |
Having your divorce paperwork in front of you makes a mail request easier, because it asks for the court file number or both parties' full names. If you are mailing your request, double-check that every item is included before it goes out, so the registry does not need to contact you for missing details.
If your divorce is older
If your divorce 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. If you are unsure which registry handled your divorce, check your paperwork or contact a registry before you travel or mail anything.
When you may need the certificate
Separation and divorce are different. You can separate without any court step, but you must have a divorce order if you want to remarry. A divorce, once in effect, dissolves the marriage and has legal effect throughout Canada.
A certificate of divorce is conclusive proof of the facts certified. Which document a particular office accepts can vary, so ask them what they require.
What to do next
- Check the date of your divorce order and count 31 days from it.
- Find the court file number, or have both spouses' full names ready.
- Decide whether to attend the registry or mail your request.
- If mailing, prepare a cheque or money order for $50 payable to the Minister of Finance.
- Include your mailing address and phone number.
- If the divorce was 10 or more years ago, ask about getting the order from BC Archives first.
Fees can change, so confirm the current amount with the registry before you pay. A lawyer can help if your file is hard to locate or your divorce details are unclear.
If you handled your own divorce and want support with paperwork, help is available through Family Justice Centres and Justice Access Centres, the free Parenting After Separation course, and Legal Aid BC.
Frequently asked questions
When can I request my Certificate of Divorce?
Wait until 31 days have passed since the divorce order. A divorce takes effect on the thirty-first day after the judgment is rendered. If you plan to remarry, you cannot do so until that period has passed.
Where do I get the certificate?
Attend the Supreme Court registry where the divorce was filed, or mail a request to that registry. If you are not sure which registry that was, check your divorce paperwork or contact a registry before you go.
How much does a divorce certificate cost?
The fee is $40 in person. By mail, send a cheque or money order for $50 payable to the Minister of Finance, which includes a $10 mailing fee. Fees can change, so confirm the amount with the registry.
What if my divorce was granted many years ago?
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. How this applies depends on your situation, so it is worth confirming with the registry or a lawyer.
Sources
- Province of BC – What do I need to know about getting a divorce? — www2.gov.bc.ca
- Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)), s. 8 — Justice Laws (federal)
- Province of BC – We agree about the issues. How do we obtain a court order? — 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
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