How do you get a divorce certificate in Ontario, and when is the divorce final?

An Ontario divorce takes effect on the 31st day after the judge grants it, unless there is an appeal or the court sets an earlier date. Once it has taken effect, either spouse can ask the court office where the case started for a Certificate of Divorce (Form 36B), online with an Ontario.ca login, in person or by mail. The certificate is conclusive proof that the marriage was dissolved and of the date.

The divorce order and the divorce certificate are two different documents; Ontario's court guide describes the certificate as the proof of the date of your divorce. For the divorce process itself, see our divorce page. Many Iranian-Canadian clients need the certificate for records in Iran or to remarry, which is why it is part of our guides for Persian-speaking families in Toronto.

How do you get the certificate, step by step?

When does an Ontario divorce become final?

The divorce order itself says that the divorce is effective 31 days after the order was made. Once in effect, a divorce under the Divorce Act dissolves the marriage and has legal effect throughout Canada (sections 13 and 14).

What does the certificate say, and how is it different from the order?

The divorce order is the judge's decision. It may also contain support, parenting or property terms, and it states the date the divorce takes effect. The certificate is a short, separate document issued once the divorce has taken effect. Under section 12(7) of the Divorce Act, a judge or officer of the court that granted the divorce must, on request, issue to any person a certificate that the divorce dissolved the marriage of the named spouses effective as of a specified date. That certificate, or a certified copy, is conclusive proof of those facts without proof of the signature or authority of the person who signed it (s. 12(8)). In practice it is the document registries, marriage licence issuers and foreign authorities ask for, because it shows in one page that the marriage is over and when it ended. If you are still waiting for the order itself, our guide to what happens after you start a family case in Toronto explains how a divorce reaches a judge.

How do you request the certificate?

Ontario's Ministry of the Attorney General says you must request the certificate from the court location where your case started, and that you need three pieces of information: the court location, the court file number and the year the divorce was granted. You can then ask:

• online, using an Ontario.ca login;
• in person at the courthouse, yourself or through a representative; or
• by mail to the courthouse.

A representative needs the court file number, the names of the parties, the date of the divorce, and the name, address and telephone number of the person requesting the certificate. The court charges a fee for the certificate; the ministry's page lists the current amount and payment methods, and a fee waiver covers some court fees.

Before issuing the certificate, the clerk checks the court file to confirm that no appeal was taken (or that any appeal is over) and that no extension of the time to appeal is outstanding, then mails it to the parties if stamped envelopes were filed, or emails it (Family Law Rules, rule 36(8)).

Which court office in Toronto?

Only the Superior Court of Justice grants divorces in Ontario. In Toronto, its family cases are heard at 361 University Avenue, and ontario.ca lists the family office there at 416-327-2064. For an older divorce, ask the court office where the file is now held; the ministry notes that older records may take longer and some may be held by the Archives of Ontario. If you cannot remember which court granted your divorce, the federal Central Registry of Divorce Proceedings may be able to tell you the court's address and give you a reference number, but it cannot give you the certificate itself. Not sure where a current case belongs? See which Toronto family court handles your case.

Why do you need the certificate?

• To remarry in Ontario. Under the Marriage Act, a marriage licence will not be issued to someone whose earlier marriage was dissolved in Canada unless they produce the final decree or judgment, a certified copy of it, or a certificate of divorce (section 8(2)).
• To prove your status. The Divorce Act says the certificate, or a certified copy, is conclusive proof of the facts it certifies (section 12(8)).
• To track deadlines. A claim for equalization of net family property must be started within two years after the divorce, if that comes before the six-year limit after separation (Family Law Act, section 7(3)). See the deadlines in an Ontario family case.

What if the divorce was granted outside Canada, or will be used in Iran?

To remarry in Ontario after a divorce granted outside Canada, the issuer of the licence needs the written authorization of the Minister, given after you deposit the material the Minister requires (Marriage Act, section 8(3)). Whether a foreign divorce is recognized in Canada at all is explained in married in Iran: divorcing in Ontario.

Going the other way, Global Affairs Canada's travel advice for Iran states that a Canadian divorce certificate is not automatically recognized in Iran, and must be authenticated and then sanctioned by an Iranian court to be recognized under Iranian law. Iranian law is outside the scope of this guide, but the Ontario certificate is the starting point for any of those steps.

What changes the answer?

• Whether anyone appealed. An appeal delays the date the divorce takes effect (s. 12(3)), and the certificate with it.
• Whether the court ordered an earlier date. In special circumstances, with both spouses agreeing not to appeal, the divorce can take effect sooner (s. 12(2)).
• Where the case started. A York Region divorce is requested from Newmarket, not Toronto; see what to expect at the Newmarket family court.
• How old the file is. Older records may take longer, and some are held by the Archives of Ontario.
• Whether the divorce was granted outside Canada. Then there is no Ontario certificate, and remarrying here needs the Minister's authorization (Marriage Act, s. 8(3)).

A worked example

For example, imagine a man in Richmond Hill whose divorce was granted by the Family Court in Newmarket on March 3. Neither spouse appeals, so the divorce takes effect 31 days later. In April he requests the certificate online, giving the Newmarket court location, the court file number and the year, and pays the court fee. The clerk confirms that no appeal was taken and emails the certificate. He keeps the original and orders certified copies for later use. He also notes that the two-year limit for an equalization claim began on the day the divorce took effect. This is a hypothetical walk-through, not a prediction of any result.

What mistakes do people make?

1. Treating the divorce order as the certificate. They are two different documents.
2. Remarrying before the divorce takes effect. The marriage still exists until then.
3. Requesting from the wrong courthouse, rather than the court where the case started.
4. Forgetting the property deadline that the divorce starts.
5. Assuming the certificate will be accepted in Iran without further steps there.

What to do this week

1. Find your divorce order and note the date it was made and the court file number.
2. Count 31 days forward to the date the divorce takes effect.
3. Request the certificate from the court where your case started.
4. If your property claim is not settled, check the two-year limit with a lawyer.

Frequently asked questions

Can my lawyer or a relative request the certificate for me?

Yes. A representative can ask in person if they have the court file number, the names of the parties, the date of the divorce, and their own name, address and telephone number.

How much does the certificate cost?

A court fee applies. The ministry's page lists the current amount and payment methods, and people who qualify can ask for a fee waiver.

I divorced years ago and do not know which court granted it. What now?

The federal Central Registry of Divorce Proceedings may be able to tell you the court's address and give a reference number, but it cannot issue the certificate.

Do I need the certificate to remarry in Ontario?

You need the final decree or judgment, a certified copy of it, or a certificate of divorce before a marriage licence is issued (Marriage Act, s. 8(2)).

Can someone other than the spouses ask for a certificate?

The Divorce Act says the court shall issue the certificate on request to any person (s. 12(7)). The court office will still need the details that identify the file.

Does the certificate end my religious marriage too?

No. It proves the civil divorce only; see how a religious divorce fits with an Ontario divorce.

Does the certificate settle property and support?

No. Those issues are decided separately, in the same case or another one; if they are still open, see whether property in Iran counts in Ontario for one common question.

Sarbazevatan Law can help you with the divorce, the certificate and the property and support issues that come with it, in English, Persian (Farsi) or French. Call +1 (416) 628-2041 or reach us through the contact page.