When Is a Divorce Final in Ontario? The 31-Day Wait

Getting a divorce order feels like the finish line, but in Ontario the marriage does not end on the day the judge signs. There is a built-in waiting period, and it matters if you plan to remarry or update your legal affairs.

This article explains how the 31-day wait works, the narrow exceptions, and how to get proof that your divorce has taken effect.

The basic rule: the 31st day

A divorce takes effect on the 31st day after the day the judgment granting it is made. Ontario's court guide says the divorce order will itself state that the divorce is effective 31 days after the order was made.

Once it takes effect, the divorce ends the marriage and has legal effect throughout Canada. Until then, you are still legally married.

Exceptions that can change the date

• Earlier effect: the court can make the divorce take effect sooner if special circumstances justify it and both spouses agree and undertake not to appeal.
• Appeal: 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.
• A pending appeal delays when the divorce takes effect.

If you are worried the other spouse might appeal, or you need the divorce to take effect quickly, a lawyer can explain whether those exceptions might apply to you.

Before the order: what the court looks for

The usual way to prove the marriage has broken down is to live separate and apart for at least one year before the court decides the case, and you must also have been living apart when the proceeding started. The other spouse does not have to consent, and no minimum length of marriage is required.

Before it grants a divorce, the court must be satisfied that reasonable arrangements have been made to support any children of the marriage, and it delays the divorce if they have not.

Getting proof: the Certificate of Divorce

Once a 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 is proof of the date of the divorce.

The certificate costs $25. You can request it online with an Ontario.ca Login, in person at the courthouse, or by mail, and you need the court location, the court file number and the year the divorce was granted.

What the date can affect afterwards

The date your divorce takes effect can matter for deadlines and paperwork that follow. An equalization claim for property must be started by the earliest of 2 years after the divorce, 6 years after separation with no reasonable prospect of living together again, or 6 months after the first spouse's death. Which of those applies to you depends on your facts, so it is worth confirming with a lawyer.

• Remarrying in Ontario: after a divorce granted in Canada, you must bring official proof of the divorce, such as 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.
• Divorced outside Canada: 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.
• Spousal sponsorship: outside Quebec, the sponsor's undertaking lasts 3 years from the day the sponsored person becomes a permanent resident, and divorce or separation does not end the sponsor's financial responsibility.
• Your will: divorce changes what a will says about a former spouse, as described in the checklist below.

What to do next

• Note the date on your divorce order and count to the 31st day after it.
• Check whether anyone has appealed or asked for more time to appeal.
• Request your Certificate of Divorce once the divorce has taken effect.
• Review your will: if you divorce after making a will, gifts to your former spouse and their appointment as executor are revoked and the will is read as if they had died first, unless the will shows a contrary intention.
• Update beneficiary designations on insurance and registered plans; confirm with a lawyer how divorce affects each one.
• Remember that if only your spouse has an interest in the home, your right to possess it ends when you stop being spouses, unless a separation agreement or court order says otherwise.

If you plan to remarry, keep your certificate or final order somewhere safe, because official proof of the divorce is needed for a marriage licence.

Frequently asked questions