In Ontario, you cannot remarry using just a Divorce Order. You must wait exactly 31 days after the judge signs your order to request an official Certificate of Divorce (Form 36B) from the Superior Court of Justice, which currently requires a $25 CAD court fee.
Receiving the news that a judge has finally signed your divorce papers brings a massive wave of relief. Many people in Ontario assume that once the judge signs the document, the process is entirely finished and they are free to immediately move on with their lives or remarry. 📝
However, the signed Divorce Order is not the final piece of paper you need. Before you can legally marry someone else or officially update certain government records, you must obtain a Certificate of Divorce. This separate, highly important document acts as the ultimate, indisputable proof that your marriage is legally dissolved.
This guide will explain why the mandatory 31-day waiting period exists, outline the exact steps to request your certificate from the court, and detail how much the process costs. We will also cover when you might need a local law firm to help track down older, missing divorce records.
Step-by-Step Process in Ontario
Whether your divorce was finalized at the Superior Court of Justice in Toronto, Mississauga, or Ottawa, the procedure to obtain the final certificate is standard across the province. You must request it from the exact same courthouse that processed your divorce. 📍
Understanding the strict legal timelines is essential so you do not accidentally book a new wedding before you have the proper legal clearance.
Step 1: Receive the Signed Divorce Order
First, the judge must review your Form 8A Application and Form 36 Affidavit for Divorce. If everything is correct, the judge signs the Divorce Order. ❗
The court clerk will then mail a copy of this signed order to both you and your ex-spouse. Read the date the judge signed the document carefully, as this date starts the official legal countdown.
Step 2: Wait the Mandatory 31 Days
Under the federal Divorce Act, a divorce does not actually take effect the moment the judge signs the order. You must wait exactly 31 days.
This 31-day window is an official appeal period. It gives your ex-spouse the legal right to appeal the judge’s decision if they believe a massive legal error occurred. Until day 32 arrives, you are technically still legally married and cannot request the final certificate.
Step 3: Submit Form 36B (Request for Certificate of Divorce)
Once the 31-day appeal period has expired with no objections, you can apply for the certificate. You must fill out Form 36B (Request for Certificate of Divorce). 💪
You can submit this form in person at the courthouse where your divorce was granted, mail it to the court clerk, or request it online through the Ontario Ministry of the Attorney General’s Justice Services Online portal.
Step 4: Receive Your Official Certificate
After you submit the form and pay the required fee, the court clerk will verify that no appeals were filed during the 31-day window.
The clerk will then draft the Certificate of Divorce, apply the red court seal, and either mail it to your home address or allow you to pick it up at the courthouse. Keep this document incredibly safe, as you will need to present the original copy to get a new marriage licence.
How Much Does it Cost in Ontario?
Getting your hands on the final certificate involves a small administrative fee, separate from the initial filing fees you paid months earlier. 💰
Here is a breakdown of the typical costs associated with obtaining your final divorce documents:
| Document / Service | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Certificate of Divorce (Form 36B) | $25 | The person requesting it |
| Copy of an Older Divorce Order | Approx. $1 per page | The person requesting it |
| Central Registry of Divorce Proceedings Search | $10 | The person searching |
| Law Firm (To locate missing files) | $150 – $350+ Hourly | Paid out of pocket |
If you try to get married without this certificate, the municipality will reject your marriage licence application, which could end up costing you thousands of dollars in cancelled wedding vendor fees. Always secure the certificate first.
How Long Does the Process Take?
The total time from the judge’s signature to having the certificate in your hand requires a bit of patience. The initial 31-day appeal period is absolutely mandatory and cannot be skipped. ⏱
Once you submit your Form 36B on day 32, the court clerk’s processing time varies depending on the courthouse backlog. Typically, it takes the clerk 1 to 3 weeks to print, seal, and mail the certificate to you.
Therefore, you should not plan any new wedding ceremonies for at least 8 to 10 weeks after you receive the initial signed Divorce Order in the mail.
Frequently Asked Questions (FAQ)
Can I remarry using just the Divorce Order?
No. Municipalities in Ontario will not accept a Divorce Order as proof that you are free to marry. You must present the official Certificate of Divorce (which proves the 31-day appeal period passed without issue) to obtain a new marriage licence.
What if I lost my old Certificate of Divorce?
If you lost the document, you can request a replacement copy from the exact Superior Court of Justice location where the divorce was originally granted. You will need to provide your court file number and pay the $25 replacement fee.
How do I find my court file number if I forgot it?
If you forgot your court file number, you can contact the federal Central Registry of Divorce Proceedings in Ottawa. They track all divorces in Canada. For a small fee, they can search their database using your name and date of birth to tell you exactly which Ontario courthouse holds your file.
Does my ex-spouse get a copy of the Certificate?
The court does not automatically mail the final Certificate of Divorce to either party. You must actively request it and pay the fee. Your ex-spouse has the exact same right to submit their own Form 36B and pay $25 to get their own copy whenever they want.
Should I hire a law firm to get my certificate?
If your divorce was finalized recently, you can easily submit the Form 36B yourself online or in person. However, if your divorce happened decades ago, or the courthouse records are extremely difficult to locate, a local family law firm or paralegal can track down the archived file on your behalf.
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