How to Get a Divorce Certificate in Ontario (Form 36B)

Getting a divorce order from a judge is not always the end of the paperwork. Many people later need a single document that proves the marriage has ended, whether for a new marriage licence, an immigration application or a bank or pension office.

In Ontario, that document is the Certificate of Divorce. This article explains when you can ask for it, how to request it, what it costs and what to do if you cannot find your court file details.

What the certificate of divorce is

The Certificate of Divorce is Form 36B. It is proof of the date your divorce took effect. That is different from the divorce order itself, which is the judge's decision, and different from the Certificate of Clerk (Form 36A), which is a document the clerk prepares during the court process.

Once a divorce takes effect, it ends the marriage and has legal effect throughout Canada. The certificate is the usual way to show that to someone else.

When you can request it

A divorce does not take effect the day the judge signs the order. It takes effect on the 31st day after the day the judgment granting it is made. Ontario's court guide says the divorce order itself will state that the divorce is effective 31 days after the order was made.

After that, the clerk issues the certificate at either party's request. Before doing so, the clerk checks that no appeal is pending and no extension of the appeal time is outstanding. Either former spouse can ask, so you do not need the other person's cooperation.

• Special circumstances: the court can make a divorce take effect sooner if special circumstances justify it and both spouses agree and undertake not to appeal.
• Appeals: no appeal may be brought more than 30 days after the order was made, though an appeal court can extend that time on special grounds, and a pending appeal delays when the divorce takes effect.

How to request it and what it costs

The certificate costs $25. You can request it online with an Ontario.ca Login, in person at the courthouse, or by mail.

Whichever route you use, you need three details: the court location, the court file number and the year the divorce was granted. If you do not have them to hand, start by looking through your divorce order and any other court papers you kept.

Using the certificate for remarriage and other purposes

If you plan to remarry in Ontario after a divorce granted in Canada, you must bring official proof of the divorce to get a marriage licence. A copy of the final decree, the final judgment or a certificate of divorce all qualify. The provincial marriage licence fee is $75, and municipal fees may also apply.

If your divorce was granted outside Canada, the process is different. You must mail ServiceOntario's Marriage Office a licence application, a Statement of Sole Responsibility, a legal opinion letter from an Ontario lawyer explaining why the divorce should be recognized, and the divorce decree, translated if needed. Processing may take up to 4 weeks.

For immigration, banks, pension administrators and similar bodies, each organization decides which documents it accepts. Ask them whether the certificate is enough or whether they also want the divorce order.

What to do next

• Find your divorce order and note the court location, file number and year granted.
• Confirm that at least 31 days have passed since the order was made and that no appeal is pending.
• Choose how to request it: online, in person or by mail.
• Have $25 ready for the certificate.
• Ask the organization that wants proof exactly which document it needs, and whether it requires an original or a copy.
• If your divorce was granted outside Canada or you are unsure about an appeal, speak with a lawyer before relying on the certificate.

Frequently asked questions