Religious vs Civil Divorce in Ontario: Understanding What You Actually Need

When a marriage ends, many people find themselves navigating two separate questions at once: Am I legally divorced? and Am I divorced in the eyes of my faith community? In Ontario, these are distinct questions with distinct answers — and confusing one for the other can lead to real problems, including an invalid remarriage or years of being bound by a religious status you thought was resolved.

This article explains the difference between religious and civil divorce in Ontario, which one you need for legal purposes, and where the two systems intersect — particularly around Canada's unique provisions related to religious barriers to remarriage.

Civil Divorce: The Legal End of a Marriage

A civil divorce is a court order granted under Canada's federal Divorce Act that formally dissolves a legally recognized marriage. Once a civil divorce takes effect (31 days after the order is signed, assuming no appeal), both former spouses are legally free to remarry under Ontario law.

Civil divorce is handled entirely through the civil court system — the Superior Court of Justice in Ontario — and has nothing to do with any religious institution or authority.

Only a civil divorce changes your legal marital status in Ontario. Without it:

• You remain legally married to your spouse regardless of what your religious community has decided.
• You cannot obtain a marriage licence to remarry in Ontario.
• Government documents and legal instruments that reference marital status reflect your civil status, not your religious status.

Religious Divorce: A Separate and Parallel Process

A religious divorce is a process within a faith tradition that changes your status within that community. Different religions handle this very differently:

Jewish Divorce (Get)

In traditional Jewish law, a divorce requires a get — a bill of divorce that must be given by the husband to the wife in front of a rabbinical court (beit din). Without a get, a woman is considered an "agunah" (a chained woman) and cannot remarry within Jewish law, even if she has a civil divorce.

Islamic Divorce (Talaq and Khul)

Islamic law provides several mechanisms for ending a marriage, including talaq (repudiation by the husband), khul (a divorce initiated by the wife), and judicial divorce through an Islamic court or tribunal. In Canada, Islamic tribunals can offer facilitation services, but they have no legal authority — their decisions are not binding under Ontario law.

Catholic Annulment

The Catholic Church does not recognize civil divorce. For a Catholic to remarry within the Church, they must obtain a declaration of nullity (commonly called an annulment) from a Church tribunal — a process entirely separate from the civil divorce and with different grounds than the civil law.

Other Traditions

Other Christian denominations, Sikh, Hindu, and other religious communities have their own approaches. Some recognize the civil divorce as sufficient; others have additional requirements.

The Key Rule: Both May Be Required, But for Different Purposes

For legal purposes in Ontario — including remarriage at a civil ceremony, immigration documentation, changing your legal name, or updating government records — you need a civil divorce. A religious divorce, standing alone, has no legal effect in Ontario.

For religious purposes — including remarrying within your faith tradition, participating in certain religious communities, and your standing before your religious authorities — you may need a religious divorce, which a civil divorce alone does not provide.

Many Ontario residents find they need to pursue both processes simultaneously or in sequence. There is no rule requiring them to be done in a particular order, but practically, the civil divorce is usually the more time-sensitive for legal reasons.

Canada's "Religious Barriers to Remarriage" Law

Canada's Divorce Act contains a notable provision specifically related to religious barriers to remarriage — most often applied in the context of the Jewish get. The law addresses the uncomfortable power imbalance where one spouse (in the Jewish law context, typically the husband) can use the withholding of a religious divorce as leverage in civil negotiations.

Under this provision:

• A court can remove or strike out any claims or applications made by a spouse who has the ability to remove a religious barrier to remarriage but has refused to do so.
• The court can also take the withholding of a religious divorce into account in crafting orders.
• Courts will not, however, order a spouse to grant a religious divorce — that would raise constitutional concerns about freedom of religion.

This provision gives the civil courts a meaningful tool: a spouse who withholds a get to extract financial concessions may find their civil law claims against the other spouse impacted. If you are dealing with a religious barrier to remarriage, speak with a lawyer about how this provision may apply to your situation.

Practical Scenarios

"I have a civil divorce. Can I remarry in a religious ceremony?"

That depends on your faith tradition. A civil divorce is legally sufficient to remarry in any civil ceremony in Ontario. Whether you can remarry in a religious ceremony depends entirely on your religion's requirements. Some faith communities accept the civil divorce; others require their own process.

"I have a religious divorce but not a civil one. Can I remarry in Ontario?"

No. Ontario marriage licences require proof of the dissolution of any prior marriage through civil law — either a certificate of civil divorce or a death certificate for a deceased former spouse. A religious divorce document does not satisfy this requirement.

"My imam/rabbi/priest issued a divorce certificate. What does it mean legally?"

Nothing, in terms of Ontario civil law. It may be meaningful within your community, but it has no effect on your legal marital status and cannot substitute for a civil divorce.

Frequently asked questions