- A divorce in Ontario takes effect on the 31st day after the judgment granting it is made.
- Either spouse can ask the clerk for a Certificate of Divorce (Form 36B), which costs $25 and proves the date of the divorce.
- If you want to remarry in Ontario, you need official proof of your divorce to get a marriage licence.
A judge has signed your divorce order, and you may be wondering whether you are actually divorced yet. In Ontario, the answer is usually not on the day the order is made. There is a waiting period built into the law, and a few situations can change it.
This article explains when a divorce takes effect, what can delay or shorten that wait, and how to get the Certificate of Divorce that most people need afterwards. It also covers why the certificate matters if you plan to remarry.
The 31-day rule: when your divorce takes effect
Under the Divorce Act, 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 itself will state that the divorce is effective 31 days after the order was made.
Until that day, you are still legally married. Once the divorce takes effect, it ends the marriage and has legal effect throughout Canada.
This article does not give a timeline from filing to divorce order, because that varies by courthouse. The 31 days only starts counting once a judge has made the judgment.
What can change the date
Three points can change how the 31-day rule plays out in your case.
- Taking effect earlier: the court can make the divorce take effect sooner if special circumstances justify it and both spouses agree and undertake not to appeal.
- Appeals: 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.
Because both spouses must agree to an earlier date, it is not something one spouse can ask for alone. If you think special circumstances apply to you, a lawyer can tell you whether the court is likely to consider it.
Getting your Certificate of Divorce (Form 36B)
Once the divorce takes effect, the clerk will issue a Certificate of Divorce (Form 36B) at either spouse's request. Before issuing it, the clerk checks 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.
- The court location where the divorce was granted
- The court file number
- The year the divorce was granted
- The $25 fee
Do not confuse the forms. The Form 36 affidavit is the evidence filed to support the divorce, Form 36A is the Certificate of Clerk (Divorce) the clerk prepares for the judge, and Form 36B is the Certificate of Divorce you request afterwards.
Why the certificate matters if you want to remarry
To get an Ontario marriage licence after a divorce granted in Canada, you must bring official proof of the divorce. That can be 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.
| Where the divorce was granted | What the licence process involves |
|---|---|
| In Canada | Bring a copy of the final decree, the final judgment or a certificate of divorce. |
| Outside Canada | 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. |
If you were divorced outside Canada, processing may take up to 4 weeks. Plan for that if you have a wedding date in mind.
What to do next
Count 31 days from the day the judgment was made, and check your order, which should state the effective date. Then confirm that neither spouse has appealed before you order the certificate.
- Keep your divorce order and note the court file number and year.
- Order the Form 36B certificate once the divorce has taken effect.
- Keep the certificate with your important papers, since it is proof of the date of your divorce and can be used to get a marriage licence.
- If you made a will before your divorce, 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. Also check the beneficiary designations on your insurance and registered plans and update them if needed. How those are affected depends on your situation, so it is worth confirming with a lawyer.
- Speak with a lawyer if an appeal is possible, if you want the divorce to take effect earlier, or if you were divorced outside Canada.
Frequently asked questions
Am I divorced on the day the judge signs the order?
Usually not. A divorce takes effect on the 31st day after the day the judgment granting it is made. The court can set an earlier date only in special circumstances, and only if both spouses agree and undertake not to appeal.
Who can request the Certificate of Divorce?
Either spouse can ask for it once the divorce has taken effect. The clerk first checks that no appeal is pending and no extension of the appeal time is outstanding.
How much is the certificate and how do I order it?
It 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, court file number and year the divorce was granted.
What happens to my will after a divorce?
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. Beneficiary designations on insurance or registered plans are a separate matter, so it is wise to update them and confirm the details with a lawyer.
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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