In Ontario, you cannot remarry the moment a judge signs your divorce papers. By law, you must wait a mandatory 31-day appeal period. Once this period passes, your divorce is legally finalized, and you must apply for a physical Certificate of Divorce from the Superior Court of Justice before you can apply for a new marriage licence.
Understanding the Rules for Remarrying in Ontario
Planning a new wedding is an exciting milestone, but if you have been married before, Canadian law requires you to clear a few administrative hurdles first. Whether you are planning a grand ceremony in Toronto or an intimate elopement in Ottawa, you cannot legally marry a new partner until your previous marriage is officially, legally dissolved by the court.
Many people mistakenly believe that receiving a copy of the Divorce Order in the mail means they are free to wed. 📑 This is a common and sometimes costly error. Under the federal Divorce Act, there is an absolute 31-day waiting period that begins the day the judge signs the order. This period exists to give either spouse a chance to appeal the judge’s decision if a serious legal error was made.
Furthermore, an Ontario municipality will not simply take your word that you are divorced. When you go to City Hall to purchase your new marriage licence, the clerk will demand to see original, physical proof. If you arrive with the wrong paperwork or attempt to marry before the waiting period expires, your new marriage could be deemed legally void. Consulting with a local family lawyer can ensure your paperwork is in perfect order before you send out the wedding invitations.
Step-by-Step Process to Legally Remarry in Ontario
Securing the right to remarry requires patience and attention to detail. The Superior Court of Justice has a strict sequence of events that must be followed. Here is exactly how the timeline unfolds.
Step 1: The Judge Signs the Divorce Order
Your journey begins when a judge reviews your Application for Divorce and signs the formal Divorce Order (Form 25A). 🖊️ The court clerk will mail a copy of this signed order to both you and your ex-spouse (or to your respective law firms). Take note of the exact date written next to the judge’s signature, as this starts the legal clock.
Step 2: Waiting the 31-Day Appeal Period
You must now wait exactly 31 calendar days. During this time, you are still technically married. Neither you nor your spouse can legally remarry during this window. If an appeal is filed during these 31 days (which is extremely rare in uncontested divorces), the divorce is put on hold until the appeal is resolved.
Step 3: Requesting the Certificate of Divorce
On the 32nd day, the divorce becomes final, but the court does not automatically send you the final document. 📬 You must actively request a Certificate of Divorce (Form 36B) from the exact same courthouse where your divorce was processed. You can usually request this in person, by mail, or through the online portal, depending on the specific Ontario municipality.
Step 4: Obtaining the Physical Certificate
The court clerk will verify that no appeals were filed and will issue the Certificate of Divorce. This document features an official red seal from the Superior Court of Justice. You must keep the original physical copy safe, as photocopies are generally not accepted for official government purposes.
Step 5: Applying for an Ontario Marriage Licence
With your original Certificate of Divorce in hand, you and your new partner can visit a local municipal office (such as Mississauga City Hall or a local civic centre). 👥 You will present the certificate alongside your photo identification and the marriage licence application fee. The clerk will inspect the red seal, process the application, and issue your new marriage licence.
How Much Does it Cost in Ontario?
While the heavy financial lifting is usually completed during the separation process, finalising your documentation to remarry does require a few specific government fees. 💰 As of May 2026, you should budget for the following costs.
- Certificate of Divorce Fee: The mandatory fee charged by the Ontario Ministry of the Attorney General to issue the official Certificate of Divorce is $24 CAD.
- Marriage Licence Fee: Municipalities set their own rates for marriage licences. In Ontario, this fee typically ranges from $160 to $190 CAD depending on the city.
- Lawyer Fees (Optional): If you hire a family law firm to request and securely courier the final certificate to you, expect a small administrative fee of roughly $100 to $250 CAD.
- Foreign Divorce Opinion Letter: If your divorce was finalized outside of Canada, you will need an Ontario lawyer to draft an opinion letter confirming its validity before you can get a marriage licence, which costs between $300 and $600 CAD.
Divorce Order vs. Certificate of Divorce
| Document Type | When is it Issued? | Can I use it to Remarry? |
|---|---|---|
| Divorce Order (Form 25A) | When the judge approves your application. | No. It merely signals the start of the 31-day waiting period. |
| Certificate of Divorce (Form 36B) | After the 31-day appeal period expires. | Yes. This is the only document accepted by City Hall. |
| Separation Agreement | When you and your ex-spouse sign it. | No. An agreement settles finances but does not end the marriage. |
How Long Does the Process Take?
In total, you should expect a timeline of approximately 6 to 8 weeks from the day the judge signs your Divorce Order to the day you have your new marriage licence in hand. You must wait the mandatory 31 days, and then the courthouse staff typically require 1 to 3 weeks to process your request for the Certificate of Divorce. Never book non-refundable wedding vendors before securing this certificate.
Frequently Asked Questions (FAQ)
Can the 31-day waiting period be waived?
In extremely rare circumstances, yes. You and your ex-spouse must both sign a strict legal undertaking waiving your right to appeal, and you must prove “special circumstances” to a judge (such as an impending birth of a child or serious health issues). However, standard wedding plans do not usually qualify for a waiver.
What if I lose my Certificate of Divorce?
If you lose the certificate, you can request a replacement from the exact courthouse that issued your divorce. You will need to provide your court file number and pay the $24 CAD fee again. It is highly recommended to order two copies initially to avoid future delays.
Does a foreign divorce allow me to remarry in Ontario?
Yes, but you cannot simply bring a foreign divorce decree to City Hall. You must hire an Ontario lawyer to draft a “Foreign Divorce Opinion Letter” directed to the Registrar General, verifying that your foreign divorce is legally recognized under Canadian law.
Do I need my ex-spouse’s permission to remarry?
Absolutely not. Once the 31-day appeal period has passed and the Certificate of Divorce is issued, your marriage is legally terminated. Your ex-spouse has no legal standing to prevent you from remarrying or obtaining a new marriage licence.
Will remarrying stop the spousal support I receive?
It depends entirely on the specific wording of your Separation Agreement or Court Order. Many agreements include a clause stating that spousal support terminates upon remarriage or cohabitation. If your agreement is silent on the issue, your ex-spouse may file a Motion to Change to reduce or end the support.
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