How to Remarry After Divorce in Ontario

When You Can Legally Remarry

You cannot remarry until your divorce is legally effective — and that does not happen the moment the judge signs the Divorce Order. Under the Divorce Act, the divorce takes effect on the 31st day after the judge signs Form 25A (Divorce Order). This 31-day window exists to allow either spouse to file an appeal. Once the appeal period expires without an appeal being filed, your marriage is legally dissolved and you are free to remarry.

But here's the part that catches people: to prove you are legally divorced when applying for a new marriage licence, you do not use the Divorce Order itself. You need the Certificate of Divorce (Form 36B), which is a separate document issued by the court on request after the 31-day appeal period has passed.

Many people assume their signed Divorce Order is all they need. They discover the distinction only when they walk into a municipal office to apply for a marriage licence and are told their Divorce Order is not sufficient proof.

How to Get Your Certificate of Divorce

The Certificate of Divorce is not automatically issued. You must request it from the same court registry where your divorce was filed. Here is the process:

1. Wait for the 31-day appeal period to expire. Count 31 calendar days from the date the judge signed your Divorce Order.
2. Complete Form 36B. This is a straightforward one-page form that identifies the parties, the court file number, and the date of the Divorce Order.
3. Submit Form 36B to the court registry where your divorce file is located, along with the $25 fee.
4. Receive the Certificate. Processing time varies by court location — some issue it within a few days, others take several weeks. Toronto tends to be slower due to volume.

If you have lost your court file number or don't remember which courthouse handled your file, you can contact the Superior Court of Justice registry in the municipality where the divorce was filed. They can search their records using your name and approximate filing date.

What You Need for a New Marriage Licence in Ontario

To obtain a marriage licence in Ontario, follow the municipality's current application process and provide:

• Valid government-issued photo identification (passport, Ontario driver's licence, or Ontario Photo Card)
• Your Certificate of Divorce (if previously married and divorced)
• If your former spouse is deceased rather than divorced, a death certificate
• The applicable municipal marriage licence fee

Apply through the municipality that issues the licence and follow its current instructions about attendance and documents. The licence is valid for 90 days from the date of issue and is valid anywhere in Ontario.

If your divorce was granted outside of Ontario — whether elsewhere in Canada or internationally — you still use your Certificate of Divorce or equivalent foreign document. Foreign divorce decrees may need to be authenticated or apostilled depending on the country of origin. If there is any doubt about whether a foreign divorce is recognized in Ontario, the municipal clerk may require a legal opinion or a court declaration confirming the foreign divorce's validity.

If You Divorced Before 1986

Divorces granted in Ontario before the current Divorce Act came into force (June 1, 1986) follow different documentation rules. The original certificate may have been issued by the federal Central Registry of Divorce Proceedings rather than the provincial court. If you need a replacement certificate for a pre-1986 divorce, contact the Divorce Registry at the Department of Justice Canada in Ottawa.

Changing Your Name in Connection with Remarriage

Remarriage does not automatically change your legal name. If you changed your name after your first divorce (or if you kept your married name and now want to change it), you have several options:

Assume your new spouse's surname by usage. Ontario allows a person to informally adopt their spouse's surname after marriage by simply using it. You can update your driver's licence, passport, and other documents by presenting your marriage certificate — no formal name change application is needed. This is the most common approach.

Apply for a formal legal name change. If you want to adopt a name that is not your spouse's surname (returning to a pre-marriage name, combining surnames, or choosing an entirely new name), you need to apply through ServiceOntario. Check ServiceOntario's current fee and processing time for the application.

If you are still working through the Ontario divorce filing process and want to understand the complete sequence — from filing Form 8A through the Divorce Order and Certificate of Divorce — the Ontario Divorce Filing Process Guide covers every step.

Common Questions

Can I get engaged while my divorce is still pending? Yes. Engagement has no legal status in Ontario — you can get engaged at any time. You just cannot legally marry until the divorce is final and the 31-day appeal period has expired.

What if my ex-spouse appeals? If an appeal is filed within the 31-day window, the divorce does not take effect until the appeal is resolved. This is rare — appeals in uncontested divorces are virtually unheard of — but it is the reason the waiting period exists.

Can I remarry the same person I divorced? Yes. There is no legal restriction in Ontario on remarrying a former spouse. You would follow the same marriage licence process as marrying anyone else, presenting your Certificate of Divorce as proof that the prior marriage was legally dissolved.

What if I lost my Certificate of Divorce? Contact the court registry where your divorce was filed and request a replacement. You will need to pay the $25 fee again. If you no longer have the court file number, the registry can search by name.

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