- A divorce in BC takes effect on the thirty-first day after the judgment granting it is rendered, and you cannot remarry until then.
- The court can sometimes shorten the 31 days, but only in special circumstances and when the spouses agree not to appeal or any appeal is abandoned.
- A certificate of divorce, available from the Supreme Court registry once 31 days have passed, is conclusive proof of the facts it certifies.
You have a divorce order, or you expect one soon, and you are planning a new marriage. It is natural to ask whether you can book the date straight away. The short answer is that a divorce order and a finished divorce are not quite the same moment.
This article explains when a divorce takes effect in British Columbia, why there is a waiting period, when it can be shortened, and how to prove your divorce afterwards. Your situation may have details that matter, so a lawyer can confirm how this applies to you.
This article covers the law of British Columbia.
The 31-day rule: when the divorce 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 it the same way: 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.
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. Once the divorce is in effect, it dissolves the marriage and has legal effect throughout Canada.
Why there is a wait
The wait is built into how a divorce becomes final: the government says the divorce becomes final automatically 31 days after the order is granted if no appeal is filed. The reasoning behind the period can depend on your situation, so it is worth confirming with a lawyer how it applies to you.
Only the Supreme Court of British Columbia can grant a divorce in BC. The judge grants it when the marriage has broken down and the other legal requirements are met, including being satisfied that reasonable arrangements have been made for any children of the marriage, including child support.
Can the 31 days be shortened?
Sometimes. The court may order that the divorce takes 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 an exception, not something to count on. Ordinary wedding plans may not amount to special circumstances, and a judge decides each case on its facts. If you think you have a reason to ask, talk to a lawyer before you book anything non-refundable.
| Situation | When you can remarry |
|---|---|
| Divorce order granted, no appeal, no earlier-effect order | After the 31-day period has passed |
| Court orders earlier effect for special circumstances | Earlier than 31 days, only if spouses agree not to appeal or any appeal is abandoned |
| Separated only, no divorce order | Not yet; you must have a divorce order to remarry |
Proving your divorce with a certificate
A certificate of divorce is conclusive proof of the facts certified. You can ask for one at the Supreme Court registry where the divorce was filed, in person or by mail, once 31 days have passed since the divorce order.
- In person, the fee is $40.
- By mail, send a cheque or money order for $50 payable to the Minister of Finance, which includes a $10 mailing fee.
- Include the court file number or both parties' full names, your mailing address and your phone number.
- If your divorce was granted 10 or more years ago, you may need to get a copy of the order from BC Archives and give it to the registry.
Fees can change, so confirm the current amount with the registry before you pay.
What to do next
- Find the date the divorce judgment was rendered and count to the thirty-first day after it.
- Do not set a wedding date before that day unless a court has ordered an earlier effective date, which it can do only in special circumstances where the spouses agree not to appeal or any appeal has been abandoned.
- Check whether either of you has filed or plans to file an appeal.
- Request your certificate of divorce from the registry once the 31 days have passed.
- Keep the certificate somewhere safe with your other important documents, since it is conclusive proof of the facts it certifies.
- Speak with a lawyer if there are children, support issues, or you want to ask for an earlier effective date.
Frequently asked questions
How soon can I remarry after a divorce order in BC?
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. The court can order an earlier date only in special circumstances where the spouses agree not to appeal or any appeal is abandoned.
Is my divorce final the day the judge signs the order?
Not usually. The BC government says it becomes final automatically 31 days after the order is granted if no appeal is filed. Until then, you are not free to remarry.
Do I need a certificate of divorce?
A certificate is conclusive proof of the facts it certifies, so it is useful evidence of your divorce. You can request one from the Supreme Court registry where the divorce was filed once 31 days have passed.
Does separating let me remarry?
No. You can separate without any court step, but you must have a divorce order if you want to remarry. The court will not grant a divorce on the one-year separation ground until you have been separated for at least one year.
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
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