When Is a Divorce Final in Manitoba and How Do You Get a Certificate?

A judge granting your divorce is a big moment, but it is not always the moment you are legally divorced. Many people are surprised to learn that there is a waiting period between the judgment and the day the divorce actually takes effect.

This article explains how that date is worked out in Manitoba, when it can be earlier or later, and how to get a Certificate of Divorce once the divorce is in effect. It is general information, not advice on your own file.

This article covers the law of Manitoba.

When does a divorce take effect?

Under the federal Divorce Act, a divorce takes effect on the thirty-first day after the day on which the judgment granting the divorce is rendered. So the judgment date and the date you are actually divorced are two different dates.

Once the divorce has taken effect, it has legal effect throughout Canada. You do not need to repeat the process in another province.

Until that day arrives, you are still legally married. That matters if you are planning to remarry or if any legal, tax or benefits question depends on your marital status.

When can the date be earlier or later?

The usual waiting period after judgment has exceptions. The table below sets out the main ones.

For context, an appeal of a divorce order under the Divorce Act must be filed within 30 days after the order was made. Whether an earlier date is realistic for you depends on the facts, so ask a lawyer before counting on it.

What is a Certificate of Divorce and why would you need one?

A Certificate of Divorce is a document confirming that a divorce granted by the court took effect on a specific date. On request, a court officer must issue a certificate stating that date.

People commonly ask for one when they need to prove they are free to remarry. Others need it for name changes, updating records, or dealing with banks, pensions, insurers or immigration matters. Which organization will accept which document varies, so check with the one asking.

How to order a Certificate of Divorce in Manitoba

A Certificate of Divorce may be ordered from the Court of King's Bench centre, by mail or in person. You will need the court file number from the top right corner of your court documents.

The provincial fee page lists the Certificate of Divorce at $30.00, effective February 1, 2022. Payment can be made by cash, certified cheque or money order. Fees can change, so confirm the current amount and accepted payment methods with the court before you send anything.

• Confirm the waiting period after your judgment (or any earlier date the court ordered) has passed and no appeal is pending.
• Find your court file number in the top right corner of your court documents.
• Decide whether you will order by mail or in person at the Court of King's Bench centre.
• Prepare payment by cash, certified cheque or money order.
• Confirm the current fee with the court, since fees could change.

This article does not give a time for how long the court takes to issue a certificate. Ask the court office when you order.

What to do next

• Write down the date of your judgment and count to the thirty-first day after it, so you know when the divorce should take effect.
• Keep copies of the judgment and any later orders in a safe place.
• Order the certificate once the divorce is in effect, if you need proof of it.
• If the other spouse might appeal, or you want an earlier effective date, speak with a lawyer about your situation.

If anything about your judgment or file number is unclear, a lawyer or the court office can help you confirm it before you order.

Frequently asked questions