When Can You Remarry After a Divorce in BC? The 31-Day Rule

Your divorce order has been granted, and you may be wondering how soon you can plan a new wedding. The answer depends on a waiting period that starts from the date of the judgment, not from the day you separated or the day you applied.

This article explains why a divorce order is needed, how the 31-day rule works, the narrow exception for an earlier effective date, and how to get a Certificate of Divorce to show you are free to marry.

This article covers the law of British Columbia.

Why separating is not enough

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.

Until a divorce takes effect, you are still legally married, even if you have lived apart for years. A new relationship, however settled, does not change that.

In BC, 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. Before granting it, the court must be satisfied that reasonable arrangements have been made for any children of the marriage, including child support.

The 31-day rule

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 this as the divorce becoming final automatically 31 days after the order is granted if no appeal is filed, and says you cannot remarry until that period has passed.

Once the divorce is in effect, it dissolves the marriage and has legal effect throughout Canada.

Can the divorce take effect sooner?

Sometimes. The court may order that the divorce take 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 you can assume. Whether your circumstances count as special is for the court to decide, so if timing matters, such as a planned wedding date, speak to a lawyer early about whether to ask.

Getting a Certificate of Divorce

Whether you need a certificate for a particular purpose, such as a new marriage, depends on your situation, so it is worth confirming with the office involved. A certificate of divorce is conclusive proof of the facts certified.

To get one, make sure 31 days have passed since the divorce order, then either attend the Supreme Court registry where the divorce was filed or mail a request to that registry.

By mail, 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 divorce order from BC Archives and give it to the court registry.

What to do next

• Find the date your divorce judgment was rendered; the divorce takes effect on the thirty-first day after that day.
• Check that no appeal has been filed before relying on the divorce being final.
• Do not set a wedding date inside the 31 days unless the court has ordered an earlier effective date.
• Gather your court file number or both full names, and your contact details.
• Request your Certificate of Divorce in person or by mail once the 31 days have passed.
• If your order is 10 or more years old, ask the registry about getting a copy from BC Archives first.

If your situation is unusual, for example you want the divorce to take effect early or the other spouse may appeal, a family lawyer can confirm your options.

Family Justice Centres, Justice Access Centres, the Parenting After Separation course and Legal Aid BC all offer free help for people handling their own divorce.

Frequently asked questions