Do I Need To Register My Divorce?

Getting a divorce can seem like a mysterious process. The legal paperwork alone may seem daunting. How to know which type of application to use and whether you have completed all of the necessary steps? Registration of the divorce is often misunderstood.

In Ontario, your marriage is registered when the official sends a complete marriage license to Service Ontario.

The Steps of Divorce

Looking at an uncontested divorce with a simple application makes it easy to understand the steps involved. A simple divorce application is one in which the only claim you are making is for a divorce, and not, for example, for custody, access or support. It can be prepared by one spouse or by both as a joint application.

If you are making the application for an uncontested divorce, here is an overview of what you must do and what you can expect:

• Complete the application
• Issue the application and file your original marriage certificate
• Fill out the “registration of divorce proceedings” form
• Arrange for the application to be served
• Wait 30 days from the day your spouse is served to see if they file an answer
• If your spouse does not respond to the application within the 30 days, file your affidavit for divorce and divorce order
• Wait for the court to issue your divorce order
• Wait until the 31st day after the day on which the divorce order was granted for it to take effect

Note that this is not a complete list of the documents needed and steps to follow. It is intended to give you a general idea of the timeline and some of the requirements in the simplest scenario. An experienced divorce lawyer can give you a better idea and help you with the process of filing.

The Central Registry of Divorce Proceedings

A bit of explanation about the Central Registry of Divorce Proceedings will make its importance clear.

The Central Registry of Divorce Proceedings in Ottawa is part of the Department of Justice Canada. It keeps records of divorce applications filed after July 2, 1968. The Registry was established to detect
duplicate divorce applications, which creates jurisdictional problems. If the Registry detects a divorce application involving the same two spouses, it notifies the courts.

As soon as one court discontinues the divorce action, the Registry issues a Clearance Certificate to the other court. If there is no duplicate application, the Registry issues a Clearance Certificate to the court that is processing your application.

Note that the court will be unable to grant your divorce until it has received the Clearance Certificate.

According to the Canada Gazette website, out of around 70,000 divorce applications processed annually, there are duplicates detected in an average in 5-10% of applications.

Review

Registering your divorce is one of the simplest parts of getting a divorce. The court office staff will give you a “registration of divorce proceedings” form at the time of the issuing of your application. The form will then be sent on to Central Registry of Divorce Proceedings, where they will check to make sure that there is no duplicate application. If there is none, the Registry will issue a Clearance Certificate.

Although registering your divorce is easy and the reason for doing it is simple, it is an important step. Without a Clearance Certificate from the Registry, the court cannot grant you a divorce.

Many other aspects of getting a divorce are not as mysterious or difficult as they seem. However, there are many new terms to learn and processes to understand. Consulting an experienced divorce lawyer will help ensure that you have fully understood the law and acted to protect your rights and interests.

Need a Toronto divorce lawyer to handle your case? Call us today and our team of family lawyers will assist you in whatever you need.