Get Divorce Certificate in Ontario

What Is a Divorce Certificate?

A Divorce Certificate is an official court-issued document that confirms a divorce has been legally finalized in Ontario. It serves as formal proof that two spouses are no longer legally married under Canadian law.

Legally, a Divorce Certificate is evidence that a Divorce Order has taken effect. In Ontario, a divorce does not become final on the day the judge signs the Divorce Order. Instead:

• The Divorce Order becomes final 31 days after it is granted, unless an appeal is filed.
• Once final, the court can issue a Divorce Certificate confirming the marriage has legally ended.

What Information Does a Divorce Certificate Include?

An Ontario Divorce Certificate typically includes:

• Full legal names of both former spouses
• Court file number associated with the divorce case
• Date the divorce became final (after the 31-day appeal period)
• Name of the court that granted the divorce
• Official court seal or certification

Divorce Certificate vs. Divorce Order vs. Divorce Judgment

Many people confuse divorce-related documents, but each serves a different legal purpose in Ontario:

Divorce Order

• Issued by a judge at the end of a divorce case
• Confirms that the court has granted the divorce
• Does not take legal effect immediately
• May include references to other court orders (parenting, support, or costs)

Divorce Judgment

• A broader term sometimes used to describe the court’s final decision
• In Ontario family law practice, it is often used interchangeably with “Divorce Order”
• Not a separate document you typically request for proof of divorce

Divorce Certificate

• Issued after the Divorce Order becomes final
• Confirms the divorce is legally in force
• Contains no reasons, findings, or conditions
• Commonly required for remarriage, immigration, pension division, or name changes

When Do You Need a Divorce Certificate?

Remarrying in Canada or Abroad

If you plan to remarry, a Divorce Certificate is almost always mandatory.

• In Ontario and elsewhere in Canada, marriage licence issuers typically require a Divorce Certificate to confirm you are legally free to marry.
• A Divorce Order alone may be rejected if it does not clearly show that the divorce is final.
• Foreign jurisdictions often insist on a Divorce Certificate rather than Canadian court orders, as the certificate is easier to interpret and officially confirms finality.

Updating Government Records and Identification

A Divorce Certificate is often requested when:

• Correcting or updating marital status records
• Reverting to a previous legal surname
• Updating files with federal or provincial agencies
• Making changes to employment or benefits records

Immigration, Sponsorship, or Visa Applications

You may need one when:

• Sponsoring a new spouse or partner
• Applying for permanent residence or a visa where marital status is relevant
• Responding to document requests from Immigration, Refugees and Citizenship Canada (IRCC)

Pension Division, Insurance, and Estate Planning

A Divorce Certificate may also be required for financial and long-term planning purposes, including:

• Pension division under Ontario family law rules
• Updating life insurance beneficiaries
• Confirming marital status for estate planning or will updates
• Addressing survivor benefits or spousal entitlements

Where to Apply for a Divorce Certificate in Ontario

Applying Through the Ontario Court System

Divorce Certificates in Ontario are issued by the Ontario Superior Court of Justice.

You must apply to the same court location where your divorce was finalized. This is because divorce records are kept at the courthouse that issued the original Divorce Order, not at a central registry.

In-Person vs. Mail-In Applications

Ontario courts allow Divorce Certificate applications to be submitted either in person or by mail, depending on your location and preference.

In-person applications

• Filed at the courthouse where the divorce was granted
• Often processed more quickly
• Useful if documents are missing or clarification is needed
• Allows court staff to confirm file details on the spot

Mail-in applications

• Suitable if you cannot attend in person
• Requires a completed request form, payment, and supporting details
• Processing times are typically longer
• Delays are common if information is incomplete or unclear

What to Do If You No Longer Live in Ontario

You do not need to reside in Ontario to apply for a Divorce Certificate, as long as the divorce was granted there.

If you live:

• In another Canadian province
• Outside Canada

You can still apply by mail to the Ontario courthouse that handled your divorce. Many people request Divorce Certificates years later for remarriage, immigration, or international matters after relocating.

If you no longer have access to your court file number, you can still apply using:

• Full legal names of both former spouses
• Approximate date and location of the divorce

Applying if the Divorce Was Granted Many Years Ago

There is no time limit on requesting a Divorce Certificate in Ontario.

If your divorce was granted:

• 10, 20, or even 30+ years ago
• Before electronic records were common

You can still apply. However, older divorces may involve:

• Archived paper files
• Additional processing time
• Requests for more identifying details

Documents and Information You’ll Need

Court File Number (If Available)

The court file number is the fastest way for the court to locate your divorce record.

• It appears on your Divorce Order, court correspondence, or filing receipts
• Including it can significantly reduce processing time
• While helpful, it is not mandatory if other identifying details are provided

Names of Both Spouses as They Appeared in Court

You must provide the full legal names of both former spouses exactly as they appeared in the court record.

This includes:

• Middle names or initials (if used)
• Legal surnames at the time of divorce
• Correct spelling and formatting

Date and Location of the Divorce

The court will need:

• The approximate or exact date the divorce was granted
• The court location where the divorce was finalized

Identification Requirements

In most cases, you do not need to provide photo identification when applying for a Divorce Certificate. However, you may be asked to:

• Confirm your identity if requesting the certificate in person
• Provide contact details for follow-up or clarification
• Show identification if the request is made by someone other than a former spouse

What to Do If You Don’t Have All the Details

It is common for people to apply without complete information—especially if the divorce occurred many years ago.

If you are missing:

• The court file number
• The exact divorce date
• Copies of previous court documents

You can still apply by providing:

• Full names of both former spouses
• Approximate date or year of divorce
• Any known details about the court location

How Long Does It Take to Receive a Divorce Certificate?

When applying through the Ontario Superior Court of Justice, most applicants can expect the following general timelines:

• In-person applications:
  Often processed within 1–2 weeks, and sometimes faster, depending on the courthouse and workload.
• Mail-in applications:
  Typically take 2–4 weeks, though this can extend longer during busy periods or if clarification is required.
• Older or archived files:
  May take 4–6 weeks or more, especially if records must be retrieved from off-site storage.