- For a divorce granted in Canada, you must bring a copy of the final decree, the final judgment or a certificate of divorce to get a marriage licence.
- A divorce takes effect on the 31st day after the judgment is made, and a Certificate of Divorce costs $25.
- A divorce granted outside Canada follows a different, mail-in process that includes a legal opinion letter from an Ontario lawyer.
You are divorced and ready to marry again. Before you can get an Ontario marriage licence, you need to show that your earlier marriage has legally ended, and the right paperwork can save you a delay close to your wedding date.
This article explains what proof the licence office asks for, how to get a certificate of divorce, and what changes if your divorce happened outside Canada. It is general information, not advice on your situation.
Proof you need for a Canadian divorce
If your divorce was granted in Canada, you must bring official proof of it when you apply for an Ontario marriage licence. Acceptable proof is a copy of the final decree, the final judgment or a certificate of divorce.
The provincial marriage licence fee is $75, and municipal fees may also apply. Check with the office you plan to use for its local fee and how it takes applications.
Are you actually divorced yet?
A judgment granting a divorce is not the same as being free to remarry. A divorce takes effect on the 31st day after the day the judgment is made. Ontario's court guide says the divorce order will state that the divorce is effective 31 days after the order was made.
There are two exceptions to know about. The court can make the divorce take effect earlier if special circumstances justify it and both spouses agree and undertake not to appeal. And a pending appeal delays when the divorce takes effect; no appeal may be brought more than 30 days after the order was made, although an appellate court can extend that time on special grounds.
Once the divorce takes effect, it ends the marriage and has legal effect throughout Canada. Do not set a wedding date or book a venue until you have confirmed the effective date on your order.
Getting a Certificate of Divorce
The certificate of divorce is proof of the date of the divorce. After the divorce takes effect, the clerk will issue a Certificate of Divorce (Form 36B) at either party's request, after checking that no appeal is pending and no extension of the appeal time is outstanding.
The certificate costs $25. You can request it online with an Ontario.ca Login, in person at the courthouse, or by mail. To make the request you need:
- The court location.
- The court file number.
- The year the divorce was granted.
If you cannot find your file number, look at the divorce order or other papers from the case. Allow time for mail or processing before your licence application.
If your divorce was granted outside Canada
A foreign divorce follows a different route. 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.
| Where divorce was granted | Proof required |
|---|---|
| In Canada | Copy of the final decree, final judgment or a certificate of divorce |
| Outside Canada | Application, Statement of Sole Responsibility, Ontario lawyer's legal opinion letter, and the decree (translated if needed), mailed to the Marriage Office |
Whether a particular foreign divorce will be recognized depends on the facts, so a lawyer can confirm this before you commit to a wedding date.
Other things to update when you remarry
Remarrying is a good moment to review other documents. If a will-maker divorces after making a will, gifts to the former spouse and their appointment as executor are revoked, and the will is read as if the former spouse had died first, unless the will shows a contrary intention.
The same revocation applies where spouses were separated at death, in the sense of having lived apart because of the breakdown for 3 years, or having a separation agreement, court order or family arbitration award and still living apart. This applies only where the separation event happened on or after January 1, 2022, so how it applies to an earlier separation is worth confirming with a lawyer.
Check your beneficiary designations on life insurance and registered plans too, and update them if they no longer reflect your wishes. Whether a divorce changes a particular designation depends on the facts, so ask a lawyer or your plan administrator.
What to do next
- Find your divorce order and confirm the effective date.
- Check that no appeal is pending.
- Request a Certificate of Divorce (Form 36B) if you do not have one.
- Gather your court location, file number and year of divorce.
- If the divorce was outside Canada, speak with an Ontario lawyer about the opinion letter and allow up to 4 weeks for processing.
- Update your will and beneficiary designations.
Frequently asked questions
What proof of divorce do I need for a marriage licence in Ontario?
For a divorce granted in Canada, bring a copy of the final decree, the final judgment or a certificate of divorce. The certificate is proof of the date of the divorce.
How much does a certificate of divorce cost?
A Certificate of Divorce (Form 36B) costs $25. You can request it online with an Ontario.ca Login, in person at the courthouse, or by mail.
Can I remarry right after the judge signs my divorce order?
Usually not. A divorce takes effect on the 31st day after the judgment is made. An earlier date is possible only in special circumstances where both spouses agree and undertake not to appeal.
What if I was divorced in another country?
You must mail ServiceOntario's Marriage Office a licence application, a Statement of Sole Responsibility, a legal opinion letter from an Ontario lawyer, and the decree, translated if needed. Processing may take up to 4 weeks.
Sources
- Divorce Act, s. 12(1) – Justice Laws — Justice Laws (federal)
- Divorce Act, s. 21(3) – Justice Laws — Justice Laws (federal)
- Ontario.ca – Guide to procedures in family court: Documents for divorce applications — ontario.ca
- Family Law Rules, O. Reg. 114/99, r. 36(8) – e-Laws — Ontario e-Laws
- Ontario.ca – Get copies of family law documents from court — ontario.ca
- Ontario.ca – Getting married — ontario.ca
- Succession Law Reform Act, R.S.O. 1990, c. S.26, s. 17(2) – e-Laws — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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