Divorce certificates, remarriage and foreign divorces in Ontario
An Ontario divorce takes effect 31 days after the judge grants it. After that, you can order a Certificate of Divorce, which is the proof you need to remarry. If you were divorced outside Canada, you can usually remarry in Ontario too, but only after the province approves your foreign divorce, based on a legal opinion from an Ontario lawyer.
Key points
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The Certificate of Divorce costs $25 and is ordered from the court that granted your divorce, in person, by mail or online.
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To get a marriage licence after a Canadian divorce, you show the original or a court-certified copy of the divorce order or certificate.
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After a divorce outside Canada, you need authorization from the Office of the Registrar General first, supported by an Ontario lawyer's legal opinion.
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Canada recognizes a foreign divorce if either spouse lived in that country for at least a year before it started, and in some other cases.
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A marriage that was valid where it took place is generally valid in Ontario, and you can divorce here if one of you has lived in Ontario for a year.
For the divorce process itself, see our guide to divorce in Ontario.
Not sure where your situation fits? Book a free 15-minute call about your divorce.
When is my divorce final, and how do I get a Certificate of Divorce?
A divorce takes effect on the 31st day after the judge grants it, so that either spouse has time to appeal. A court can shorten this period only in special circumstances, and only if both spouses agree not to appeal. Once in effect, the divorce dissolves the marriage and is valid everywhere in Canada.
The divorce order you receive in the mail is not the same as the Certificate of Divorce. The certificate confirms that the divorce has taken effect, and it is the document most offices ask for. To order it:
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Online: complete Form 36B (Certificate of Divorce) and submit it through Ontario's Family Submissions Online service, paying the fee there.
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In person or through someone else: at the court office that granted the divorce.
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By mail: send Form 36B with a $25 cheque payable to the Minister of Finance and a stamped, self-addressed envelope.
The fee is $25. Keep the original somewhere safe; you may need it for a marriage licence, a passport or name change, pensions, or immigration matters.
If you divorced years ago and cannot find your papers, the court office that granted the divorce can issue a certificate from its file. If you do not know which court that was, the federal Central Registry of Divorce Proceedings keeps a record of divorce cases started in Canada.
What do I need to remarry in Ontario?
You can remarry once your divorce has taken effect. What you bring to the marriage licence office depends on where you were divorced. These requirements come from ServiceOntario's Requirements Respecting Marriage in Ontario.
For a divorce outside Canada, you, or a lawyer for you, send the Office of the Registrar General:
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A marriage licence application signed by both of you.
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A copy of the foreign divorce or annulment certified by the court or authority that granted it, with a certified translation and the translator's sworn affidavit if it is not in English or French.
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A Statement of Sole Responsibility for each foreign divorce, signed by both of you and a witness.
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A legal opinion from an Ontario lawyer, addressed to both of you, stating that the divorce would be recognized in Ontario and explaining why.
Once authorization is granted, you take it to a municipal licence office with the rest of your documents and the licence fee. In Toronto the licence costs $180. Leave time for the authorization; it is not same-day.
The legal opinion is where most of the work lies. The lawyer has to review the foreign divorce documents and confirm that one of the recognition rules below is met. If none clearly is, it is better to learn that before you book a wedding.
Is a marriage from another country valid in Ontario?
Generally, yes. Ontario recognizes a marriage that was validly performed under the law of the place where it took place, as long as each spouse had the legal capacity to marry, for example by being old enough and not already married. You do not need to register a foreign marriage in Ontario. Questions arise mostly with religious ceremonies that were never registered with the state, proxy marriages, and marriages where one spouse's earlier divorce was not valid.
Can we divorce in Ontario if we married abroad?
Yes. Where you married does not matter. An Ontario court can grant the divorce if either of you has been habitually resident in Ontario for at least one year before the application is started. You follow the same steps as any other uncontested divorce, with three extra points:
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The marriage certificate. File the original or a certified copy from the country where you married. If it is not in English or French, add a certified translation.
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Earlier marriages. If you married outside Canada, the court may ask for proof that any earlier marriage of either spouse ended by divorce or death.
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Divorce proceedings elsewhere. If your spouse has started a divorce in another country, raise it early. Which divorce is recognized, and when, can affect property and support claims in Ontario.
If you married in Ontario but now live abroad, see the last section below.
Does Canada recognize a divorce granted in another country?
Usually, if the divorce was properly granted by a court or other official authority and one of these applies:
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One year of residence. Either spouse was habitually resident in that country for at least one year immediately before the divorce proceedings started (Divorce Act, s. 22(1)). This covers most divorces.
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Older rules still apply. Section 22(3) keeps the earlier common-law rules alive. Under them, a divorce can be recognized where, for example, the spouses had a real and substantial connection with the country that granted it, or it would be recognized in the country where they were domiciled.
A court can refuse to recognize a foreign divorce where:
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one spouse was not given notice or a fair chance to respond;
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it was obtained by fraud, such as false statements about residence;
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the spouses went abroad only to get a quicker or easier divorce, with no real connection to that country; or
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recognizing it would offend Canadian public policy.
Religious divorces. A divorce granted only by a religious body, or by a spouse's declaration without any state involvement, raises harder questions. Whether Ontario recognizes it can depend on whether the country where it happened treats it as a legal divorce and on how it was carried out. These cases need individual advice before you rely on the divorce or remarry.
Why recognition matters beyond remarriage. If your foreign divorce is recognized, you are divorced in Ontario. That may end your ability to make some claims here: Ontario's Family Law Act generally allows spousal support claims between spouses, not former spouses, and a divorce also starts the two-year limit for an equalization claim. If your spouse obtained a divorce abroad, get advice in Ontario quickly.
We married in Ontario but neither of us lives in Canada. Can we divorce here?
Normally, no: an Ontario court needs one spouse to have lived in Ontario for a year. Most couples living abroad divorce where they live, and that divorce is then recognized in Canada under the rules above.
There is one exception, mainly for same-sex couples. Under section 7 of the Civil Marriage Act, the court of the province where you married can grant a divorce if:
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you have lived separate and apart for at least one year;
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neither of you lives in Canada; and
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each of you has lived for at least a year in a country that will not grant you a divorce because it does not recognize your marriage.
You can apply together, or one of you can apply with the other's consent. Without consent, you first need a court order that the other spouse is unreasonably withholding it, cannot be found, or cannot make the decision. This route ends the marriage only; it does not deal with support or parenting.
Talk to a family lawyer about a foreign divorce or remarriage
If you need a legal opinion on a foreign divorce, or want to know whether a divorce abroad affects your rights in Ontario, book a free 15-minute call. The call covers the process, fees and next steps; it is not legal advice on your situation. If you are divorcing in Ontario, our uncontested divorce package is $1,999 plus HST, including court filing fees and disbursements. We meet clients by phone or video, or in person at our North York office.
Book a free 15-minute call about your divorce · Call 416-858-1320
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Last reviewed: November 1, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.