# When Can I Remarry After a Canadian Divorce? If you're going through a divorce and thinking about the future, you might be wondering when you'll legally be able to marry again. Maybe you've already met someone new, or maybe you're just curious about the timeline. Either way, it's a common question with a straightforward answer, though there are a few important details to understand. In Canada, you cannot remarry until your divorce is final. That might sound obvious, but what counts as "final" is more specific than many people realize. This article explains when your divorce becomes official, what documentation you need, and what to know if you're planning to remarry in Canada or abroad. ## The 31-Day Waiting Period When a judge grants your divorce, you might think you're immediately divorced. But that's not quite how it works in Canada. Under the [Divorce Act](/glossary#letter-d), a divorce takes effect on the 31st day after the day the divorce order (also called a divorce judgment) is granted. This 31-day period exists to allow time for either spouse to appeal the divorce if they wish to do so. Appeals are rare, but the waiting period is built into the process regardless. Your Divorce Order will show the exact effective date. Only after that date are you legally single and free to remarry. This 31-day rule applies to all divorces in Canada, whether contested or [uncontested](/blog/uncontested-vs-contested-divorce-difference), whether you used lawyers or handled things yourself, and regardless of which province or territory you divorced in. ## Can the Waiting Period Be Shortened? In limited circumstances, yes. A court can make the divorce effective earlier only in special circumstances, and typically only if both spouses agree and undertake not to appeal (or any appeal has been abandoned). Common examples include situations where one spouse needs to remarry urgently (for example, due to a terminal illness or an imminent wedding date) and both parties consent with no intention to appeal. If you think you'll need this, raise it as early as possible. The court can address it when granting the divorce or afterward, but earlier is better. Speak with a [family lawyer](/blog/how-to-choose-a-divorce-lawyer-in-ontario) about your options. ## The Certificate of Divorce Once the 31-day period has passed, you can request a Certificate of Divorce from the court that granted your divorce. This is the official document that proves your marriage has been legally ended. In Ontario, the Certificate of Divorce costs $25. You request it from the court where your divorce was processed. Some courts allow you to request it by mail or online, while others require an in-person visit. Processing times vary depending on the court's workload. The Certificate of Divorce is important because it's the document you'll need to show if you want to remarry. A marriage licence issuer will typically ask to see it (or equivalent proof that your previous marriage has ended) before issuing you a new marriage licence. Keep your Certificate of Divorce in a safe place. If you lose it, you can request a replacement, but it's easier to just keep track of the original. ## What If I Remarry Before My Divorce Is Final? This is where things get serious. If you marry someone while you're still legally married to someone else, that's bigamy, which is a criminal offence under the Criminal Code of Canada. It doesn't matter whether you thought your divorce was final or whether you've been separated for years. If the divorce order hasn't been granted and the 31-day period hasn't passed, you're still legally married to your first spouse. Marrying someone else in that situation is illegal. Beyond the criminal implications, a marriage entered into while one party is still legally married is void. It has no legal effect. This can create serious complications down the road, particularly around property rights, support obligations, and inheritance. The bottom line: don't remarry until you have confirmation that your divorce is final. If you're unsure about your status, check with the court or consult a lawyer before proceeding. ## Separation Is Not Divorce One common source of confusion is the difference between separation and divorce. Many people use these terms interchangeably in everyday conversation, but legally they're very different. [Separation](/blog/rights-after-separation-before-divorce-canada-ontario) happens when you and your spouse start living apart with the intention that the relationship is over. You can be separated for years, or even permanently, without ever getting divorced. Separation affects many of your legal rights (like property division and support), but it does not end your marriage. Divorce is the formal legal process that ends your marriage. In Canada, you typically need to have been separated for at least one year before a divorce can be granted. Once the divorce is final (including the 31-day waiting period), your marriage is legally over. You cannot remarry just because you're separated. You must be divorced. ## Remarrying in Canada If you're planning to remarry in Canada after your divorce, here's what you generally need to do. First, make sure your divorce is final. The 31-day waiting period must have passed since the divorce order was granted. Second, obtain your Certificate of Divorce from the court. This is your proof that you're legally single. Third, apply for a marriage licence in the province or territory where you plan to marry. Each province has its own requirements for marriage licences, but you'll typically need to provide identification, pay a fee, and show proof that any previous marriages have ended (your Certificate of Divorce). In Ontario, municipalities may have specific documentation requirements, and foreign divorces can require extra steps before a licence will be issued. Fourth, have your wedding within the validity period of the licence. In Ontario, for example, a marriage licence is valid for 90 days from the date it's issued. The process is straightforward, but give yourself enough time to get the Certificate of Divorce and complete the licence application before your planned wedding date. ## Remarrying Outside Canada If you're planning to remarry in another country, the requirements depend on that country's laws. Some countries require specific documentation, translations of your divorce documents, or legalization steps. Your Certificate of Divorce is the starting point. Depending on the destination country, you may need an apostille (Canada joined the Apostille Convention in January 2024) or other legalization steps. Some countries have specific waiting periods after divorce before you can remarry there, regardless of Canada's rules. If you're planning an international wedding, check the destination country's requirements and Canada's apostille guidance well in advance. Consider consulting with the country's embassy or consulate in Canada, or working with a wedding planner familiar with destination weddings and legal requirements. ## What If My Spouse Won't Agree to the Divorce? Some people worry that they can't get divorced if their spouse won't cooperate. The good news is that in Canada, you don't need your spouse's permission to get divorced. If you've been separated for at least one year, you can proceed with a divorce application on your own. Your spouse can respond and contest issues like [parenting arrangements](/blog/custody-vs-access-decision-making-parenting-time), [child support](/blog/child-support-ontario-how-calculator-works), spousal support, or [property division](/blog/dividing-property-ontario-separation-divorce), but they cannot prevent the divorce itself from happening. Even if your spouse refuses to participate at all, the divorce can proceed. The court can grant a divorce based on your application alone if your spouse has been properly served and chooses not to respond. So while an uncooperative spouse can make the process more complicated and potentially more expensive, they cannot keep you legally married forever against your will. ## Common Questions **How long after separation can I remarry?** You cannot remarry just because you're separated. You must wait until your divorce is final, which means at least one year of separation (to qualify for divorce), plus however long the divorce process takes, plus the 31-day waiting period after the divorce order is granted. **Do I need my ex-spouse's permission to remarry?** No. Once your divorce is final, you're legally single. You don't need anyone's permission to marry again. **What if I can't find my Certificate of Divorce?** You can request a replacement from the court that granted your divorce. There may be a fee, and it may take some time to process. **Can I get engaged before my divorce is final?** Yes. There's no legal prohibition on getting engaged while still married. You just can't legally marry until your divorce is final. **What if I divorced in another country?** If you obtained a divorce in another country and want to remarry in Canada, you'll need to show that your foreign divorce is recognized in Canada. Most foreign divorces are recognized, but the rules can be complex. If you have any doubt, consult with a family lawyer. ## Key Takeaways **Your divorce isn't final the day it's granted.** There's a 31-day waiting period after the judge signs the divorce order before the divorce takes effect. **You need a Certificate of Divorce to remarry.** This document proves your marriage has ended and is typically required to get a new marriage licence. **Remarrying before your divorce is final is illegal.** Marrying while still legally married to someone else is bigamy, a criminal offence in Canada. **Separation is not the same as divorce.** You cannot remarry just because you're separated, no matter how long you've been living apart. **The 31-day period can sometimes be shortened.** In special circumstances, a court can make the divorce effective earlier, but typically only if both spouses agree and there's no appeal. **Your spouse can't prevent your divorce.** Even if they don't cooperate, you can obtain a divorce after one year of separation. **International remarriage has extra requirements.** If remarrying abroad, research that country's specific documentation and legal requirements well in advance. **Keep your divorce documents safe.** Your Certificate of Divorce is an important legal document. Store it securely and request a replacement if you lose it. ### Disclaimer This article provides general information about remarrying after divorce in Canada. It is not legal advice. Requirements can vary by province, territory, and country, and your specific circumstances may affect what applies to you. If you're unsure about your divorce status or have questions about remarrying, speak with a family law lawyer.