- A divorce takes effect on the thirty-first day after the judgment is rendered.
- You request the certificate from the Supreme Court registry where the divorce was filed, once 31 days have passed.
- The fee is $40 in person or $50 by mail.
Once you have a divorce order, you may need a certificate of divorce, for example to prove you are free to remarry. The certificate is a separate document from the order itself, and it is requested through the court registry rather than issued automatically.
This article explains how a divorce gets to the point where a certificate is possible, when the certificate is available, and how to request it in British Columbia. Details and forms can change, so confirm with the registry before you go.
This article covers the law of British Columbia.
How a divorce reaches the certificate stage
A certificate only exists once a divorce has been granted. In British Columbia, only the Supreme Court of British Columbia can grant a divorce, and it does so if the marriage has broken down and the other legal requirements are met. Breakdown of the marriage is the only ground for divorce.
Breakdown is established in one of two ways. Either the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is determined and were living separate and apart at the start of it, 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 adultery or cruelty route is an alternative to the one-year separation, and the one-year wait does not apply when it is proven.
- You can apply for a divorce at any time after separating, but the court will not grant one on the separation ground until you have been separated for at least one year.
- Either you or your spouse must have lived in BC for a year or more.
- The court must be satisfied that reasonable arrangements have been made for any children of the marriage, including child support, before granting the divorce.
- A joint application is made by both spouses together, so the other spouse does not need to be served. A divorce applied for by one spouse can still proceed as uncontested if the other spouse does not respond after being served.
In an undefended case where a divorce is sought, the evidence may be given by affidavit unless the court orders otherwise, so no hearing is needed. A desk order divorce needs the Form F38 Affidavit – Desk Order Divorce. An amended Form F38 took effect January 19, 2026, so check that you are using the current version.
When the certificate becomes available
A divorce takes effect on the thirty-first day after the day the judgment granting it is rendered. The BC government says it becomes final automatically after 31 days if no appeal is filed, and you cannot remarry until that period has passed.
The court may order an earlier effective date if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned. To request a certificate, make sure 31 days have passed since the divorce order.
Separation and divorce are different things. You can separate without any court step, but you must have a divorce order if you want to remarry. Whether an earlier effective date could apply to you depends on your situation, so it is worth confirming with a lawyer.
How to request it
Attend at the Supreme Court registry where the divorce was filed, or mail a request to that registry.
| Method | Fee and what to include |
|---|---|
| In person | $40 |
| By mail | Cheque or money order for $50 payable to the Minister of Finance, which includes a $10 mailing fee |
By mail, include the court file number or both parties' full names, your mailing address and your phone number. If you are not sure of the file number, the full names of both spouses can be used instead.
Older divorces
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 your divorce is older, or you are unsure which registry handled it, contact the Supreme Court registry before you travel or mail anything. They can tell you what they need from you.
Why the certificate matters
- A certificate of divorce is conclusive proof of the facts certified.
- A divorce, once in effect, dissolves the marriage and has legal effect throughout Canada.
- You must have a divorce order to remarry, and separation alone is not enough.
You may be asked for proof of your divorce when you remarry or update official records. Having the certificate on hand can save you from having to track down court documents later.
What to do next
- Find your court file number or both full names as they appear on the order.
- Count 31 days from the date the order was granted.
- Decide whether to attend in person or mail your request.
- Prepare the correct payment for the method you choose.
- Keep the certificate in a safe place with your other important records.
Help for people handling their own divorce includes Family Justice Centres and Justice Access Centres, the Parenting After Separation course, the BC Legal Referral Service, and Legal Aid BC.
If something does not match your records or your divorce is older, a lawyer or the registry can help you confirm what is needed.
Frequently asked questions
How soon can I get my divorce certificate?
Make sure 31 days have passed since the divorce order before you request it. A divorce takes effect on the thirty-first day after the judgment is rendered.
Where do I request the certificate?
Go to the Supreme Court registry where the divorce was filed, or mail a request to that registry.
How much does a divorce certificate cost?
It 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.
Can I remarry before 31 days pass?
Generally no, since you cannot remarry until the 31-day period has passed. The court may order an earlier effective date only in special circumstances where the spouses agree not to appeal or any appeal has been abandoned.
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)
- Supreme Court Family Rules, Rule 10-10 — bclaws.gov.bc.ca
- Supreme Court Family Rules, forms F35–F38, F102 — bclaws.gov.bc.ca
- BC Laws – Form F38 Affidavit – Desk Order Divorce — bclaws.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.