What’s a “Divorce Certificate”, and How Do I Get One in Ontario?

In a recent Blog, we covered the process of getting an uncontested divorce in Ontario. As that Blog describes, there are many distinct procedural steps that must be strictly followed.  This ensures that your divorce is legal and finalized, so that you and your former spouse can move on with your lives.

One of those steps in your divorce will be obtaining a divorce certificate.

What’s a Divorce Certificate, Anyway?

Simply put, a divorce certificate is an official document, issued by the court, that confirms your divorce has been finalized. It serves as proof that your marriage has been legally dissolved.

Why Do I Need One?

A divorce certificate proves your legal status as being “officially divorced”. You may need to produce it in certain contexts, for legal or administrative reasons. For example:

• Remarriage: If you wish to remarry, you will need a divorce certificate to prove you are no longer legally married to your previous spouse. This leaves you free to get married again.
• Legal and Financial Matters: You may need a divorce certificate to update your marital status for tax purposes. Or you may need it for estate planning, or to obtain government benefits.
• Proof of Divorce: Some institutions, such as banks or insurance companies, may request a copy of your divorce certificate to process any applications you might make for a name change, or to update your beneficiary designations.

How it is Different from a Divorce Order?

Unlike a divorce order, which outlines the terms of the divorce, the divorce certificate is a straightforward confirmation that the divorce has been granted.

What’s the Process for Requesting a Divorce Certificate in Ontario?

In Ontario, obtaining a divorce is mainly a two-step process. First, the court issues a divorce order, which becomes effective 31 days after the date it is granted. After this waiting period, either you or your spouse may apply for a divorce certificate.  You can request a copy of yours:

• online using a My Ontario account
• in-person, at the courthouse that granted your divorce
• by regular mail, also addressed to the specific courthouse where your divorce was granted.

Online is usually the best avenue, especially if your divorce was granted in Ontario.  That’s because the Ontario Court Services website facilitates online requests for divorce certificates. Here’s how you do it:

• Visit the Ontario Government website – Navigate to the official online divorce certificate request page and in particular Form 36B: Certificate of Divorce
• Provide Required Information – Enter details such as:

1. • The full names of you and your spouse (as they appeared on the divorce application)
   • Year and location of the divorce order you obtained from the court (i.e. the court location where your divorce application was commenced)
   • The court file number for your divorce application (as has been assigned to you by the court).

Note that if you are requesting older court records, you may need to contact the Archives of Ontario.

• Pay the Fee – The cost for an online divorce certificate request is currently $25, payable by Visa, Mastercard, or debit card.  (If you are applying by regular mail, then you can also submit a cheque or money order, payable to the Minister of Finance, with your paper-copy request).
• Submit the Request – Once submitted online, you will receive confirmation of your request.

How Long Will it Take to Receive My Divorce Certificate?

The time required to obtain a divorce certificate depends on the method you used to submit the request:

• Online Requests: Typically take 15 business days from the time you submit it.
• In-Person Requests: If the certificate is ready, you may receive it the same day. Otherwise, processing can take a few business days.
• Mail Requests: Generally take four to six weeks, depending on postal delays and court processing times.

What if I Can’t Remember What Court Location Granted My Divorce?

If you cannot remember which court processed the application for your divorce in the first place, then you can look to the federal Central Registry of Divorce Proceedings. They may be able to look up general information about your divorce, and may be able to give you the address of the court. They may also give you a reference number, which you can give to the court staff to help them find your file.

Note that the Central Registry cannot give you detailed information about your divorce, or give you a copy of your divorce certificate.  This has to be done through the process described above.

Final Thoughts

A divorce certificate is an essential document that serves as legal proof of your divorce. It’s not issued automatically, but obtaining one is a straightforward process.