In Newfoundland and Labrador, you can legally remarry exactly 31 days after a judge signs your divorce judgment, once the mandatory appeal period expires and your Certificate of Divorce is issued. Under Divorce Act, R.S.C. 1985, c. 3, s. 12, the divorce becomes final on the thirty-first day after the judgment is rendered, allowing you to obtain the Certificate of Divorce for $20 and apply for a new marriage licence for $100. The total time from filing for divorce to being eligible for remarriage in Newfoundland and Labrador is approximately 15 to 18 months: 12 months of mandatory separation plus 3 to 6 months of court processing plus 31 days for the appeal period.
Key Facts: Remarriage After Divorce in Newfoundland and Labrador
| Requirement | Details |
|---|---|
| Waiting Period Before Remarriage | 31 days after divorce judgment |
| Certificate of Divorce Fee | $20 |
| Marriage Licence Fee | $100 |
| Marriage Licence Validity | 30 days from issue date |
| Waiting Period After Licence Issued | 4 days before ceremony can occur |
| Proof Required | Original Certificate of Divorce or Decree Absolute |
| Foreign Divorce Additional Requirement | Letter from NL lawyer confirming eligibility |
| Minimum Age for Marriage | 19 years (16-18 with parental consent) |
How Long Must You Wait to Remarry After Divorce in Newfoundland and Labrador?
Under Canadian federal law, you must wait exactly 31 days after your divorce judgment is granted before you can legally remarry anywhere in Canada, including Newfoundland and Labrador. The Divorce Act, R.S.C. 1985, c. 3, s. 12(1) explicitly states that a divorce takes effect on the thirty-first day after the day on which the judgment granting the divorce is rendered. This 31-day period exists to allow either spouse to file an appeal of the divorce decision.
Once the 31-day appeal period expires without an appeal being filed, your divorce becomes legally final. At this point, you can request your Certificate of Divorce from the Supreme Court of Newfoundland and Labrador for $20. The Certificate of Divorce serves as official proof that your previous marriage has been legally dissolved. Without this certificate, you cannot obtain a marriage licence for a new marriage.
The total timeline from initial separation to remarriage eligibility in Newfoundland and Labrador breaks down as follows: 12 months of mandatory separation before the divorce can be granted (under the one-year separation ground), plus 3 to 6 months for court processing of an uncontested divorce, plus 31 days for the appeal period. This means most individuals become eligible for remarriage approximately 15 to 18 months after they first separate from their spouse.
Can the 31-Day Waiting Period Be Shortened?
Yes, under Divorce Act, R.S.C. 1985, c. 3, s. 12(2), the court has authority to shorten the 31-day waiting period in special circumstances. Both spouses must agree in writing that no appeal from the judgment will be taken, or any appeal that was taken has been abandoned. The court must also be satisfied that special circumstances warrant an earlier effective date for the divorce.
Special circumstances that may justify shortening the waiting period include terminal illness of one spouse, immigration deadlines requiring proof of marital status, or urgent situations where a delay would cause significant hardship. The Supreme Court of Newfoundland and Labrador evaluates these requests on a case-by-case basis. Requests to shorten the appeal period are relatively rare, as 31 days passes quickly for most people planning a remarriage.
To request an early effective date, you must file a motion with the court explaining the special circumstances. Both parties must provide sworn undertakings that they will not appeal the divorce judgment. If the court grants the request, your divorce can take effect immediately or on whatever earlier date the court deems appropriate.
Obtaining Your Certificate of Divorce in Newfoundland and Labrador
The Certificate of Divorce is your official legal proof that your marriage has been dissolved, and it is required before you can obtain a marriage licence for remarriage in Newfoundland and Labrador. Under Divorce Act, R.S.C. 1985, c. 3, s. 12(7), once your divorce takes effect, a judge or officer of the court that rendered the divorce judgment must, upon request, issue a certificate confirming that the divorce dissolved the marriage of the specified persons effective as of a specified date.
To obtain your Certificate of Divorce from the Supreme Court of Newfoundland and Labrador, submit the Request for a Certificate of Divorce form to the court registry that granted your divorce. The fee is $20, payable by cash, debit, Visa, or Mastercard. Processing typically takes 1 to 2 weeks. Supreme Court locations that process these requests include St. John's, Corner Brook, Grand Falls-Windsor, Gander, and Happy Valley-Goose Bay.
You should submit your request at least 30 days before you need the certificate to ensure you receive it in time for your marriage licence application. The Certificate of Divorce carries conclusive evidentiary value under Divorce Act, R.S.C. 1985, c. 3, s. 12(8), meaning a certified copy is accepted as proof of divorce without requiring additional verification of its authenticity.
Marriage Licence Requirements for Previously Divorced Persons
When applying for a marriage licence in Newfoundland and Labrador after divorce, the Marriage Act, SNL 2009, c. M-1.02 requires you to present specific documentation proving the dissolution of your previous marriage. If you were divorced in Canada, you must present your original Certificate of Divorce or Decree Absolute to the marriage licence issuer. Photocopies are not accepted.
The marriage licence fee in Newfoundland and Labrador is $100 as of 2025, payable at the time of application. This fee is non-refundable. At least one party must apply in person to a marriage licence issuer, though both parties must complete affidavits with signatures witnessed by a Commissioner for Oaths, Justice of the Peace, or Notary Public.
The marriage licence is valid for 30 days from the date of issue and can only be used in Newfoundland and Labrador. Additionally, the marriage ceremony cannot be performed until the fourth day after the marriage licence is issued. This 4-day waiting period allows time for processing and ensures both parties have considered their decision.
Additional Requirements for Foreign Divorces
If your divorce was granted outside Canada, Newfoundland and Labrador requires additional verification before issuing a marriage licence. You must provide your original final divorce documents plus a letter from a practicing Newfoundland and Labrador lawyer stating that the lawyer has examined your final divorce document and, in their opinion, you are free to marry in Newfoundland and Labrador.
If your divorce documents are in a language other than English or French, you must also provide a certified translation completed by a certified translator. The original foreign language documents must be submitted along with the translation. This requirement ensures that the divorce is recognized as valid under Canadian law and that you are legally free to remarry.
Obtaining the lawyer's letter typically costs between $150 and $500, depending on the complexity of the foreign divorce and the jurisdiction where it was granted. Some foreign divorces may not be recognized in Canada if they do not meet certain criteria, such as proper jurisdiction or due process requirements.
Costs Associated with Remarriage After Divorce in Newfoundland and Labrador
The total cost of becoming eligible for remarriage after divorce in Newfoundland and Labrador includes several components. Court filing fees for the original divorce total approximately $210 for an uncontested case: $130 for the originating application (including $10 Central Registry fee), $60 for the divorce judgment, and $20 for the Certificate of Divorce. These fees are current as of April 2026 and should be verified with the Supreme Court registry.
| Cost Item | Amount |
|---|---|
| Divorce Filing Fee (including $10 Central Registry) | $130 |
| Divorce Judgment Fee | $60 |
| Certificate of Divorce | $20 |
| Marriage Licence | $100 |
| Foreign Divorce Lawyer Letter (if applicable) | $150-$500 |
| Certified Translation (if applicable) | $100-$300 |
| Marriage Certificate | $35 |
After the divorce is finalized, the Certificate of Divorce costs $20. The new marriage licence costs $100. If you need a marriage certificate after your new wedding, that costs $35 (or $30 if ordered online). For those with foreign divorces, add $150 to $500 for the required lawyer's letter and potentially $100 to $300 for certified translations.
Remarriage After Divorce: Step-by-Step Timeline
The process from separation to remarriage in Newfoundland and Labrador follows a specific legal sequence with defined waiting periods at each stage. Understanding this timeline helps you plan your remarriage effectively.
- Separate from your spouse and begin the 12-month separation period required under Divorce Act, R.S.C. 1985, c. 3, s. 8(2)(a)
- File for divorce at the Supreme Court of Newfoundland and Labrador (can be done before 12 months are complete, but divorce cannot be granted until separation is complete)
- Complete the divorce process (3 to 6 months for uncontested divorces after the 1-year separation)
- Receive the divorce judgment from the court
- Wait 31 days for the mandatory appeal period to expire
- Request and receive your Certificate of Divorce ($20, processing time 1 to 2 weeks)
- Apply for a marriage licence with your Certificate of Divorce ($100)
- Wait 4 days after the marriage licence is issued before the ceremony can be performed
- Complete your marriage ceremony within 30 days of the licence being issued
The total minimum timeline from initial separation to remarriage eligibility is approximately 15 to 18 months, assuming an uncontested divorce with no complications.
Religious Remarriage Barriers Under Canadian Law
Canadian law addresses situations where one spouse refuses to cooperate with religious divorce requirements that would permit the other spouse to remarry within their faith. Under Divorce Act, R.S.C. 1985, c. 3, s. 21.1, if one spouse is refusing to remove barriers to religious remarriage that are within their control, the other spouse can serve an affidavit on the court and the refusing spouse explaining the situation.
The refusing spouse then has 15 days to either remove all barriers within their control and file an affidavit confirming this, or file an affidavit outlining genuine religious or conscientious grounds for their refusal. If neither is done, the court can strike out the refusing spouse's claims or defenses in the divorce proceedings. This provision primarily addresses situations involving a Get in Jewish divorce or similar religious requirements.
This section does not apply where the power to remove the barrier to religious remarriage lies with a religious body or official rather than with the spouse. The provision aims to prevent one spouse from using religious barriers as leverage in divorce negotiations while respecting genuine religious convictions.
Common Issues When Remarrying After Divorce
Several issues commonly arise when individuals seek to remarry after divorce in Newfoundland and Labrador. Understanding these potential problems helps you avoid delays in your remarriage plans.
Lost or missing Certificate of Divorce is a frequent problem. If you cannot locate your original certificate, you can request a replacement from the court registry that granted your divorce for $20. Processing takes 1 to 2 weeks. Keep multiple certified copies of important documents to avoid this issue.
Name changes can create complications when the name on your Certificate of Divorce does not match your current legal identification. Ensure your identification documents are updated before applying for a marriage licence, or bring documentation explaining the name change (such as a legal name change certificate).
Divorce pending status causes delays when individuals attempt to obtain a marriage licence before their divorce is finalized. You cannot legally marry until 31 days after the divorce judgment is signed. Attempting to marry before this date would result in a bigamous marriage, which is a criminal offense under Canadian law.
Legal Implications of Remarriage on Divorce Settlement
Remarriage in Newfoundland and Labrador can affect certain aspects of your divorce settlement, particularly spousal support obligations. Under the Spousal Support Advisory Guidelines (SSAG) used in Canadian courts, remarriage or repartnering of the support recipient is a recognized basis for reviewing and potentially terminating spousal support.
The impact of remarriage on spousal support depends on whether the support was compensatory (based on sacrifices made during the marriage) or non-compensatory (based on need). Compensatory support is less likely to be affected by remarriage because it addresses economic disadvantages resulting from the marriage itself. Non-compensatory support may be reduced or terminated if the recipient's financial circumstances improve significantly through remarriage.
Remarriage does not affect parenting arrangements or child support obligations. Under the federal Divorce Act and the Newfoundland and Labrador Family Law Act, child support and parenting time are based on the best interests of the child, not the marital status of the parents. Your obligations to your children from a previous marriage continue regardless of whether you remarry.
Protecting Assets When Remarrying
When entering a second marriage in Newfoundland and Labrador, many individuals consider prenuptial agreements (called marriage contracts in Canada) to protect assets accumulated before the remarriage. Under the Family Law Act, RSNL 1990, c. F-2, spouses can contract out of certain statutory property division rules.
A marriage contract can specify how property will be divided if the second marriage ends in divorce, protect assets intended for children from the first marriage, and clarify spousal support expectations. Both parties must receive independent legal advice for the agreement to be enforceable, and full financial disclosure is required.
The average cost of a prenuptial agreement in Newfoundland and Labrador ranges from $1,500 to $5,000 per spouse, depending on the complexity of the financial situation. For second marriages involving significant assets, children from previous relationships, or business interests, the investment in a properly drafted marriage contract provides valuable protection and clarity.
Frequently Asked Questions About Remarriage After Divorce in Newfoundland and Labrador
How soon can I remarry after my divorce is finalized in Newfoundland and Labrador?
You can remarry exactly 31 days after the judge signs your divorce judgment, once the mandatory appeal period expires under the Divorce Act. After obtaining your Certificate of Divorce for $20, you can apply for a marriage licence ($100), then wait 4 more days before the ceremony can occur. Total wait from judgment to ceremony is approximately 5 to 6 weeks.
What documents do I need to remarry after divorce in Newfoundland and Labrador?
You need your original Certificate of Divorce or Decree Absolute, valid government-issued photo identification, and completed marriage licence application affidavits witnessed by a Commissioner for Oaths. For foreign divorces, you also need a letter from a Newfoundland and Labrador lawyer confirming your eligibility to marry, plus certified translations if documents are not in English or French.
How much does it cost to remarry after divorce in Newfoundland and Labrador?
The Certificate of Divorce costs $20, the marriage licence costs $100, and the marriage certificate after your wedding costs $35. If you had a foreign divorce, add $150 to $500 for the required lawyer's letter and potentially $100 to $300 for certified translations. Total remarriage-related costs range from $155 to $855.
Can I remarry in Newfoundland and Labrador if I was divorced in another country?
Yes, but you need additional documentation. You must provide your original final divorce documents, a certified translation if not in English or French, and a letter from a practicing Newfoundland and Labrador lawyer confirming that your foreign divorce is recognized and you are free to marry in the province. This lawyer's letter typically costs $150 to $500.
Does remarriage affect my spousal support payments in Newfoundland and Labrador?
Remarriage of the recipient spouse may provide grounds to vary or terminate spousal support, depending on whether the support was compensatory or need-based. The paying spouse can apply to court for a variation order. Remarriage does not automatically terminate support obligations. Child support remains unaffected by either parent's remarriage.
How long is a marriage licence valid in Newfoundland and Labrador?
A Newfoundland and Labrador marriage licence is valid for 30 days from the date of issue. The ceremony cannot be performed until the fourth day after the licence is issued. If the licence expires before your ceremony, you must apply for a new licence and pay the $100 fee again.
Can I get married the same day I receive my Certificate of Divorce?
No. After receiving your Certificate of Divorce, you must apply for a marriage licence ($100). Once the licence is issued, there is a mandatory 4-day waiting period before the ceremony can be performed under the Marriage Act. The minimum time from receiving your Certificate of Divorce to marriage is approximately 5 days.
Where do I get a Certificate of Divorce in Newfoundland and Labrador?
Request your Certificate of Divorce from the Supreme Court registry that granted your divorce. Locations include St. John's, Corner Brook, Grand Falls-Windsor, Gander, and Happy Valley-Goose Bay. Submit the Request for a Certificate of Divorce form with the $20 fee. Processing typically takes 1 to 2 weeks.
What happens if I remarry before my divorce is final?
Marrying before your divorce is legally final (31 days after judgment) constitutes bigamy under Section 290 of the Criminal Code of Canada. Bigamy is an indictable offense punishable by up to 5 years imprisonment. Your second marriage would also be void, and you could face immigration consequences if your new spouse sponsored you.
Can my ex-spouse prevent me from remarrying in Newfoundland and Labrador?
No, your ex-spouse cannot legally prevent your remarriage once the divorce is final and the 31-day appeal period has passed. The only way to delay a divorce is by filing an appeal within 31 days of the judgment. For religious barriers to remarriage, the Divorce Act section 21.1 provides remedies if your ex-spouse refuses to remove barriers within their control.