Nunavut residents can legally remarry 31 days after their divorce judgment is granted, once the Certificate of Divorce has been issued by the Nunavut Court of Justice. The marriage licence fee is $100 CAD, and both parties must apply together in person at a Marriage Licence Issuer in their community. Under the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), Section 12, no person may contract a new marriage until every previous marriage has been dissolved by divorce or declared null by court order.
Key Facts: Remarriage After Divorce in Nunavut
| Requirement | Details |
|---|---|
| Waiting Period | 31 days after divorce judgment granted |
| Marriage Licence Fee | $100 CAD (non-refundable) |
| Marriage Certificate Fee | $10 CAD per certificate |
| Licence Validity | 90 days from issue date |
| Minimum Age Without Consent | 19 years old |
| Age With Parental Consent | 16-18 years old |
| Residency for Divorce | 1 year in Nunavut before filing |
| Application Method | In-person only (both parties together) |
When Can You Legally Remarry After Divorce in Nunavut?
Nunavut residents can remarry exactly 31 days after the court grants their divorce judgment, provided no appeal has been filed. Under Divorce Act, R.S.C. 1985, c. 3, s. 12, a divorce takes effect on the thirty-first day after the judgment is rendered. The Certificate of Divorce, which serves as legal proof that your marriage has been dissolved, may be issued the day the divorce becomes final. You must present this certificate when applying for a new marriage licence in Nunavut.
The 31-day waiting period exists to allow either spouse time to appeal the divorce judgment. If both spouses agree and undertake that no appeal will be taken, the court may order the divorce to take effect earlier under exceptional circumstances. However, this early effective date is rarely granted without compelling reasons such as terminal illness or immigration deadlines.
Once your divorce takes effect, you are legally free to remarry anywhere in Canada or abroad. The Certificate of Divorce is the definitive document proving your marital status has changed from married to divorced. In Nunavut, this certificate is obtained from the Nunavut Court of Justice, where your divorce was processed. The federal Central Registry of Divorce Proceedings maintains records if you cannot locate which court handled your case.
How to Obtain Your Certificate of Divorce in Nunavut
The Certificate of Divorce is essential for remarriage after divorce in Nunavut, and you must obtain it from the Nunavut Court of Justice before applying for a new marriage licence. Under federal law, the court issues this certificate 31 days after the divorce judgment, once the divorce has taken legal effect. Contact the Nunavut Court Registry at NCJ.Civil@gov.nu.ca or visit the Nunavut Justice Centre (Building #510) in Iqaluit to request your certificate.
To request a Certificate of Divorce, provide the court with your full legal names as they appeared in the divorce proceedings, the approximate date of your divorce, and your divorce file number if available. Processing times vary, but most certificates are issued within 2-4 weeks of request. There is a nominal fee for obtaining certified copies, which varies by court but typically ranges from $10-$40 CAD.
If you divorced in another Canadian province or territory and now reside in Nunavut, you must obtain your Certificate of Divorce from the court that processed your original divorce. The federal Central Registry of Divorce Proceedings can help locate your file by calling 613-957-4519. Each divorce application in Canada is registered with this central registry to prevent duplicate proceedings.
Nunavut Marriage Licence Requirements for Remarriage
Persons seeking remarriage after divorce in Nunavut must apply for a marriage licence in person, with both parties appearing together before a Marriage Licence Issuer. The licence fee is $100 CAD, payable at the time of application, and the licence remains valid for 90 days from the date of issue. Marriage Licence Issuers are appointed by the Government of Nunavut and are available in most communities across the territory.
To find a Marriage Licence Issuer in your community, contact Nunavut Vital Statistics toll-free at 1-800-661-0833 or call 867-645-8017. You must bring valid government-issued photo identification, your Certificate of Divorce (original or court-certified copy), and payment for the licence fee. If either party has been widowed, you must also provide the death certificate of the deceased spouse.
Nunavut requires individuals to be at least 19 years old to marry without parental consent. Those aged 16-18 may marry with written consent from both parents. Unlike some jurisdictions, Nunavut has no waiting period between obtaining the licence and the marriage ceremony. Your ceremony can take place immediately after receiving your licence, provided all other legal requirements are met.
Required Documents for Marriage Licence After Divorce
- Valid government-issued photo ID (passport, driver's licence, or territorial ID)
- Original Certificate of Divorce or Decree Absolute (court-certified copy accepted)
- Death certificate if previously widowed
- Written parental consent if aged 16-18
- Payment of $100 CAD licence fee
Foreign Divorce Recognition for Remarriage in Nunavut
If you obtained your divorce outside Canada, you must prove that your foreign divorce is legally recognized under Canadian law before you can remarry in Nunavut. The Divorce Act requires that the foreign divorce be valid under the laws of the country where it was granted, and that at least one spouse was ordinarily resident in that country for one year before the divorce, or had a real and substantial connection to that country.
To remarry in Nunavut with a foreign divorce, you typically need authorization from the appropriate government authority. In practice, this often requires obtaining a legal opinion letter from a Canadian lawyer confirming that your foreign divorce meets Canadian legal standards. The process generally takes 2-4 weeks, though expedited services may be available for urgent circumstances such as immigration deadlines.
If your foreign divorce documents are in a language other than English or French, you must provide a certified translation. The original divorce decree or a notarized copy, along with your original marriage certificate from the dissolved marriage, may be required. If your foreign divorce is not recognized under Canadian law, you may need to apply for a divorce through the Canadian court system before you can legally remarry.
Impact of Remarriage on Spousal Support
Remarriage after divorce in Nunavut may affect spousal support obligations, though the impact varies based on the specific terms of your divorce order or separation agreement. Under Canadian law, the remarriage or repartnering of the support recipient does not automatically terminate spousal support, but courts often reduce or end support payments depending on the circumstances.
Under Divorce Act, R.S.C. 1985, c. 3, s. 17, courts consider whether a change in circumstances, such as remarriage, warrants a variation of the existing spousal support order. Key factors include whether the original support was compensatory (to address career sacrifices during the marriage) or non-compensatory (based on need), the length of the first marriage, the age of the recipient, and the financial stability of the new relationship.
If you are paying spousal support and your ex-spouse remarries, you may apply to the court for a variation of your support order. If you are receiving spousal support and plan to remarry, be aware that your support payments may be reduced or terminated based on your new financial circumstances. Courts assess the standard of living in the recipient's new household, including shared expenses and the new spouse's income.
Impact of Remarriage on Parenting Arrangements
Remarriage after divorce in Nunavut does not automatically change existing parenting orders, but introducing a new spouse and potential step-siblings can create circumstances warranting a variation. Under the 2021 amendments to the Divorce Act, parenting arrangements focus on the best interests of the child, including the child's emotional and physical needs.
If you wish to relocate with your children to accommodate your new spouse, you may need court approval under Divorce Act, R.S.C. 1985, c. 3, s. 16.9, which establishes specific requirements for relocation with a child. Notice requirements apply, and the other parent may object to the proposed move. For relocations of 150 km or more, the relocating parent bears the burden of proving the move is in the child's best interests if the other parent has substantial parenting time.
Your new spouse does not automatically gain parental rights over your children from a previous marriage. Decision-making responsibility remains with the parents named in the parenting order unless the court orders otherwise. Step-parents may, in certain circumstances, apply for parenting time or decision-making responsibility, but such applications require demonstrating a significant relationship with the child.
Property Division and Remarriage Timing
Completing property division before remarriage after divorce in Nunavut protects both parties and ensures clarity in financial matters. Under the federal Divorce Act and applicable territorial law, matrimonial property must be divided as part of the divorce process. Finalizing these divisions before entering a new marriage prevents complications and potential claims from either the former or new spouse.
If property division from your previous marriage remains incomplete when you remarry, your new spouse has no claim to property that belongs to your former spouse. However, any property you bring into your new marriage becomes part of the assets you accumulate during that marriage, potentially subject to division if the new marriage also ends in divorce. A marriage contract (prenuptial agreement) can protect assets brought into the new relationship.
Nunavut recognizes marriage contracts under territorial law, allowing couples to define how property will be divided in the event of separation or divorce. Before remarrying, consider consulting with a family lawyer about whether a marriage contract is appropriate for your situation, particularly if you have significant assets, business interests, or obligations from your previous marriage.
Remarriage Ceremony Options in Nunavut
Nunavut offers both religious and civil ceremony options for couples remarrying after divorce. Under the Civil Marriage Act, S.C. 2005, c. 33, Section 3, religious officials are free to refuse to perform marriages that are not in accordance with their religious beliefs. If your religious tradition restricts remarriage after divorce, you may need to pursue a civil ceremony or find a religious official willing to officiate.
Civil ceremonies in Nunavut are performed by Marriage Commissioners appointed by the Government of Nunavut. To find a Marriage Commissioner in your community, contact Nunavut Vital Statistics at 1-800-661-0833. Civil ceremonies typically take place at the Marriage Commissioner's office, a community hall, or another approved venue. Fees vary by commissioner and location.
For couples seeking religious ceremonies, options depend on your religious affiliation and the policies of your faith community regarding remarriage after divorce. Some denominations require an annulment or specific waiting periods before allowing remarriage within the church. Contact your religious leader directly to understand the requirements and whether they will perform your remarriage ceremony.
Financial Considerations Before Remarrying
Remarriage after divorce in Nunavut triggers several financial considerations that require careful planning. If you are receiving spousal support from your ex-spouse, remarriage may terminate or reduce those payments. The Spousal Support Advisory Guidelines suggest that support often decreases upon repartnering, though courts assess each case individually based on the nature and duration of the original support obligation.
Beneficiary designations on life insurance policies, pension plans, and RRSPs should be updated before remarrying. In Canada, marriage automatically revokes a will made before the marriage unless the will was made in contemplation of that specific marriage. If you die without updating your will after remarrying, your new spouse may be entitled to a significant portion of your estate under intestacy laws, potentially conflicting with provisions you intended for children from your previous marriage.
Tax implications of remarriage include the ability to income-split with your new spouse through spousal RRSP contributions and the Canada Pension Plan credit-splitting rules. However, if you were claiming the equivalent-to-spouse tax credit for a child from your previous marriage, that credit ends when you remarry or begin cohabiting with a new partner.
Timeline for Remarriage After Divorce in Nunavut
| Stage | Timeline | Action Required |
|---|---|---|
| Divorce Judgment Granted | Day 0 | Await 31-day appeal period |
| Divorce Takes Effect | Day 31 | Divorce legally final |
| Certificate of Divorce | Day 31+ | Request from Nunavut Court of Justice |
| Certificate Processing | 2-4 weeks | Await court processing |
| Marriage Licence Application | After certificate received | Apply in person with fiancé(e) |
| Marriage Ceremony | Same day to 90 days after licence | Complete within licence validity |
| Marriage Certificate | After ceremony | Officiant registers; certificate available |
Frequently Asked Questions
How soon can I remarry after my divorce is finalized in Nunavut?
You can remarry 31 days after the court grants your divorce judgment in Nunavut. Under Divorce Act Section 12, the divorce takes effect on the thirty-first day unless the court orders an earlier date due to special circumstances and both spouses agree not to appeal.
What documents do I need to remarry in Nunavut after a divorce?
You need your original Certificate of Divorce or court-certified copy, valid government-issued photo ID, and $100 CAD for the marriage licence fee. If previously widowed, bring the death certificate. Both parties must apply together in person at a Marriage Licence Issuer location.
Will my spousal support end automatically if I remarry?
No, spousal support does not automatically terminate upon remarriage in Canada. Courts assess each case individually, considering whether support was compensatory or need-based, the length of the first marriage, and your new household's financial circumstances. Your ex-spouse may apply to vary the support order.
Can I remarry in Nunavut if I was divorced in another country?
Yes, but your foreign divorce must be recognized under Canadian law first. You need to prove the divorce was valid in the country where it was granted and that at least one spouse had residency or a real and substantial connection to that country. A legal opinion letter from a Canadian lawyer may be required.
How long is a Nunavut marriage licence valid?
A Nunavut marriage licence is valid for 90 days (3 months) from the date of issue. Your ceremony must take place within this period. There is no waiting period after obtaining the licence, so you can marry immediately if all other requirements are met.
Do I need to live in Nunavut to get married there after a divorce?
No residency requirement exists for obtaining a marriage licence in Nunavut. However, if you filed for divorce in Nunavut, at least one spouse must have been ordinarily resident in the territory for one full year before filing under the federal Divorce Act Section 3(1).
Can my church refuse to remarry me after divorce?
Yes, under Civil Marriage Act Section 3, religious officials are free to refuse to perform marriages that conflict with their religious beliefs. Some religions require an annulment or specific waiting periods before allowing remarriage. Civil ceremonies through Marriage Commissioners are always available as an alternative.
What happens to my will when I remarry in Nunavut?
In Canada, marriage automatically revokes a will made before the marriage unless the will was made in contemplation of that specific marriage. Update your will before or immediately after remarrying to ensure your assets are distributed according to your wishes.
How do I get a Certificate of Divorce in Nunavut?
Contact the Nunavut Court of Justice at NCJ.Civil@gov.nu.ca or visit the Nunavut Justice Centre in Iqaluit. Provide your divorce file number, full legal names, and the approximate date of divorce. Processing typically takes 2-4 weeks after the 31-day waiting period has passed.
Does remarriage affect my parenting arrangements with my ex?
Remarriage does not automatically change existing parenting orders. However, if circumstances change significantly, either parent may apply to vary the parenting order. If you plan to relocate with children for your new marriage, court approval may be required under Divorce Act Section 16.9.
Contact Information for Remarriage in Nunavut
Nunavut Vital Statistics: 1-800-661-0833 or 867-645-8001
Nunavut Court of Justice (Civil Matters): NCJ.Civil@gov.nu.ca
Nunavut Justice Centre: Building #510, Iqaluit, Nunavut
Central Registry of Divorce Proceedings: 613-957-4519
Government of Nunavut Marriage Information: gov.nu.ca/health/information/marriage-certificate
This guide provides general legal information about remarriage after divorce in Nunavut as of April 2026. Marriage licence fees and court procedures are subject to change. Verify current fees and requirements directly with Nunavut Vital Statistics at 1-800-661-0833 or the Nunavut Court of Justice before proceeding with your remarriage plans.
Reviewed by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Nunavut divorce law