Remarriage After Divorce in Ontario: 2026 Complete Legal Guide
Ontario residents who wish to remarry after divorce must wait a minimum of 31 days following the divorce judgment before the divorce becomes legally effective under the Divorce Act, R.S.C. 1985, c. 3, s. 12(1). After this mandatory appeal period expires without challenge, you can obtain a Certificate of Divorce for $24-$25 and apply for a new marriage licence costing between $130 and $192 depending on municipality. The entire process from divorce judgment to remarriage eligibility typically takes 6 to 8 weeks when accounting for document processing times. For those divorced outside Canada, additional authorization from the Ontario Registrar General is required, adding approximately 4 weeks to the timeline.
Key Facts: Remarriage After Divorce in Ontario
| Requirement | Details |
|---|---|
| Waiting Period After Divorce Judgment | 31 days (mandatory appeal period) |
| Certificate of Divorce Fee | $24-$25 |
| Marriage Licence Fee | $130-$192 (varies by municipality) |
| Marriage Licence Validity | 90 days from issue date |
| Foreign Divorce Authorization | Up to 4 weeks processing |
| Required Documents | Certificate of Divorce or Final Decree |
| Governing Legislation | Divorce Act, R.S.C. 1985, c. 3, Marriage Act, R.S.O. 1990, c. M.3 |
Understanding Ontario's 31-Day Appeal Period
Under Divorce Act, R.S.C. 1985, c. 3, s. 12(1), a divorce in Ontario takes effect on the thirty-first day after the court renders the divorce judgment. This 31-day statutory appeal period exists to allow either spouse to challenge the divorce order if they believe it was made in error. No action is required from either party during this time—the divorce automatically becomes final on day 31 if no appeal is filed. Until this period passes, former spouses cannot legally remarry, obtain a Certificate of Divorce, or update legal documents reflecting their single status.
The 31-day waiting period serves as a built-in safeguard within Canada's divorce system. Unlike jurisdictions with no waiting period after judgment, Ontario and all Canadian provinces follow this federal requirement. The period begins the day after the judge signs the divorce order—not from the date of filing or the date of separation. For example, if a judge grants your divorce on March 1, 2026, your divorce becomes effective on April 1, 2026, and you become eligible to remarry on that date.
Can the 31-Day Period Be Shortened?
The 31-day appeal period can only be waived under exceptional circumstances as outlined in Divorce Act, R.S.C. 1985, c. 3, s. 12(2). The court may order that the divorce takes effect at an earlier time only if both spouses agree in writing that no appeal will be taken, any pending appeal has been abandoned, and the court finds special circumstances warranting earlier finalization. Terminal illness affecting one spouse who wishes to remarry before death represents the most commonly cited special circumstance. A pending remarriage alone is not considered sufficient justification for waiving the 31-day period—courts have consistently held that personal convenience does not constitute special circumstances under the statute.
Obtaining Your Certificate of Divorce
The Certificate of Divorce costs $24-$25 and serves as the official government document confirming your marriage has been legally dissolved under Canadian law. This certificate becomes available for order 31 days after the divorce judgment is rendered. Ontario marriage licence issuers require this certificate or an equivalent document before issuing a marriage licence to previously married individuals. Without this document, your marriage licence application will be denied regardless of how much time has passed since your divorce.
To obtain your Certificate of Divorce, you must apply to the courthouse where your divorce was processed. Standard processing through Ontario courts typically takes 10 to 15 business days from application submission to certificate mailing. In 2026, Ontario family courts continue to manage post-pandemic backlogs, particularly in Toronto, Peel, and York regions, where processing times may extend to 3-4 weeks during peak periods.
What the Certificate Contains
The Certificate of Divorce includes the full legal names of both former spouses, the court case file number, and the date the divorce became final (the 31st day after judgment). The certificate does not include details of settlement terms, property division, or parenting arrangements. This distinction matters because when applying for a marriage licence, the issuer only needs proof of your legal divorce status—not the terms of your separation agreement.
Certificate vs. Divorce Order
A divorce order (sometimes called Divorce Judgment or Decree Nisi) issued by a judge is not the same as a Certificate of Divorce. Under Ontario's Marriage Act regulations, marriage licence issuers specifically require one of three documents: the final decree or judgment dissolving the marriage, a certified copy of the final decree or judgment, or a Certificate of Divorce issued by the court registrar. A Decree Nisi, interim order, or uncertified copy will not be accepted for marriage licence applications.
Marriage Licence Requirements for Previously Married Individuals
Ontario requires all individuals who have been previously married to provide documentary proof that their prior marriage has been legally dissolved before a new marriage licence can be issued. Under the Marriage Act, R.S.O. 1990, c. M.3, an applicant who has been previously married is entitled to a licence only if the prior marriage has been dissolved or annulled and such dissolution is recognized under Ontario law. This requirement applies regardless of how long ago the divorce occurred or where the divorce was granted.
A marriage licence in Ontario costs between $130 and $192 depending on the municipality where you apply. The licence is valid for 90 days from the issue date and can be used to marry anywhere in the province—you do not need to marry in the same municipality that issued your licence. As of April 1, 2026, Toronto's marriage licence fee increases to $180 from the previous rate of $160.
2026 Marriage Licence Fees by Municipality
| Municipality | 2026 Fee |
|---|---|
| County of Brant | $130 |
| City of St. Thomas | $130 |
| Township of Wellington North | $135 |
| Township of Wilmot | $145 |
| Woolwich Township | $155 |
| City of Toronto (as of April 1, 2026) | $180 |
| City of St. Catharines | $160 |
| City of Richmond Hill | $179 |
| City of Ottawa | $192.14 |
Documents Accepted for Marriage Licence Applications
When applying for a marriage licence in Ontario after a divorce granted in Canada, you must present one of the following original documents: the Certificate of Divorce issued by the court registrar, the final divorce decree or judgment, or a court-certified copy of the divorce decree. All documents must be originals or certified copies—photocopies are not accepted. If your divorce was processed in another Canadian province, the same documentation requirements apply, as divorces granted anywhere in Canada are automatically recognized in Ontario under the Divorce Act.
Remarrying After a Foreign Divorce
If your divorce was granted outside of Canada, you must obtain authorization from the Ontario Registrar General through ServiceOntario before a marriage licence can be issued. This additional step is mandatory regardless of when or where the foreign divorce occurred. Without this authorization, your marriage licence application will be denied. The authorization process takes up to 4 weeks according to ServiceOntario, though processing times may vary during busy periods.
Under Divorce Act, R.S.C. 1985, c. 3, s. 22(1), a foreign divorce is generally recognized in Ontario if either you or your former spouse resided in the country that granted the divorce for at least one year before filing. The key legal requirement is establishing a "real and substantial connection" between one of the spouses and the jurisdiction that granted the divorce. If neither spouse lived in the foreign country for at least one year, the divorce may still be recognized if other factors demonstrate sufficient connection to that jurisdiction.
Required Documents for Foreign Divorce Authorization
To obtain authorization for remarriage after a foreign divorce, you must submit the following documents to ServiceOntario at their Thunder Bay office:
- Original or court-certified copy of the foreign divorce decree or annulment (if not in English or French, include a certified translation with a translator's affidavit)
- Foreign Divorce Opinion Letter from a licensed Ontario lawyer, addressed to both parties intending to marry, explaining why the divorce should be recognized as valid in Ontario
- Completed Marriage Licence Application signed by both parties
- Statement of Sole Responsibility pursuant to section 8 of the Marriage Act
The Foreign Divorce Opinion Letter is a critical requirement that can only be provided by a lawyer licensed by the Law Society of Ontario. This letter serves as legal evidence that your foreign divorce meets Canadian recognition standards. If both parties intending to marry have foreign divorces, two separate opinion letters are required—one for each foreign divorce.
Cost and Timeline for Foreign Divorce Authorization
Obtaining foreign divorce authorization involves several costs: legal fees for the Foreign Divorce Opinion Letter (typically $300-$600 depending on complexity), document translation fees if applicable ($50-$150 per document), and the marriage licence fee ($130-$192). The total processing timeline from document submission to receiving authorization is approximately 4 weeks, after which you can apply for your marriage licence at any Ontario municipality.
Legal Consequences of Remarrying Without Proper Documentation
Remarrying while a prior marriage remains legally valid in Ontario constitutes bigamy—a criminal offence under Section 290 of Canada's Criminal Code carrying a maximum penalty of 5 years imprisonment. Beyond criminal consequences, a marriage entered into while a prior marriage remains valid is void from its inception under Ontario law. This means the second marriage has no legal effect, and neither spouse can claim any of the legal rights normally arising from marriage, including property division rights, spousal support entitlements, or inheritance rights.
The most significant practical risk arises when individuals assume a foreign divorce is automatically valid in Canada without obtaining proper verification. If a foreign divorce is not recognized under Canadian law and you remarry, the second marriage is legally void in Ontario. Both you and your new spouse may face consequences including potential criminal charges, nullification of the marriage, and complications with immigration status, property ownership, and estate planning.
Timeline for Remarriage After Divorce in Ontario
The complete timeline from divorce judgment to legal remarriage eligibility in Ontario involves several sequential steps. For divorces granted in Canada, the minimum timeline is approximately 6 to 8 weeks. For those with foreign divorces, add an additional 4 to 6 weeks for the authorization process.
Timeline for Canadian Divorces
| Stage | Duration | Cumulative Timeline |
|---|---|---|
| Divorce judgment rendered | Day 0 | — |
| 31-day appeal period | 31 days | 31 days |
| Apply for Certificate of Divorce | Same day as day 31 | 31 days |
| Certificate processing | 10-15 business days | 6-8 weeks |
| Apply for marriage licence | Same day as certificate receipt | 6-8 weeks |
| Marriage licence issued | Same day or next business day | 6-8 weeks |
| Marriage ceremony | Any time within 90 days of licence | 6-8 weeks to 5 months |
Timeline for Foreign Divorces
| Stage | Duration | Cumulative Timeline |
|---|---|---|
| Gather foreign divorce documents | 1-2 weeks | 1-2 weeks |
| Obtain certified translation (if required) | 1 week | 2-3 weeks |
| Obtain Foreign Divorce Opinion Letter | 1-2 weeks | 3-5 weeks |
| Submit to ServiceOntario for authorization | Up to 4 weeks processing | 7-9 weeks |
| Apply for marriage licence | Same day as authorization receipt | 7-9 weeks |
| Marriage ceremony | Any time within 90 days of licence | 7-9 weeks to 5 months |
Parenting Arrangements and Remarriage Considerations
Remarriage can affect existing parenting orders under the Divorce Act, R.S.C. 1985, c. 3, s. 16.1, particularly regarding parenting time schedules and decision-making responsibility. While remarriage alone does not automatically trigger a variation of parenting orders, the introduction of a new spouse into the household may constitute a "material change in circumstances" that justifies modification of existing arrangements. Courts consider the child's best interests as the paramount factor when evaluating any proposed changes to parenting orders.
If you share parenting time with your former spouse, providing advance notice of your remarriage demonstrates good faith co-parenting. While Ontario law does not require formal notification, parenting orders may contain specific provisions about introducing new partners to children or notifying the other parent of significant life changes. Review your existing parenting order and separation agreement before remarrying to ensure compliance with any notification requirements.
Financial Implications of Remarriage
Remarriage terminates spousal support obligations in most cases under Ontario law. If you are receiving spousal support from your former spouse, remarriage typically ends your entitlement to further payments unless your separation agreement or court order specifies otherwise. The Family Law Act, R.S.O. 1990, c. F.3 provides that a support obligation in favour of a spouse terminates upon the spouse's remarriage, subject to any express agreement to the contrary.
If you are paying spousal support, your former spouse's remarriage generally ends your payment obligation. However, you should not unilaterally stop payments—instead, seek a formal variation order from the court or written confirmation from your former spouse acknowledging the termination. Child support obligations, by contrast, continue regardless of either parent's remarriage and can only be modified through proper legal channels.
Prenuptial Agreements for Second Marriages
Ontario law strongly recognizes marriage contracts (prenuptial agreements) under the Family Law Act, R.S.O. 1990, c. F.3, Part IV. For individuals entering a second marriage, a marriage contract can protect assets accumulated before the new relationship, shield inheritance rights for children from the first marriage, establish clear expectations about property division if the second marriage ends, and address spousal support entitlements. Approximately 35% of individuals entering second marriages in Ontario execute prenuptial agreements compared to only 5-10% of first marriages, reflecting the increased financial complexity of blended family situations.
Frequently Asked Questions
How soon can I remarry after my divorce is final in Ontario?
You can remarry 31 days after the divorce judgment is rendered under Divorce Act, R.S.C. 1985, c. 3, s. 12(1). This statutory appeal period cannot be shortened except in exceptional circumstances such as terminal illness. After day 31, obtain your Certificate of Divorce ($24-$25) and apply for a new marriage licence ($130-$192 depending on municipality).
What documents do I need to remarry after divorce in Ontario?
You need either your original Certificate of Divorce, the final divorce decree/judgment, or a court-certified copy of the decree. For divorces granted in Canada, these documents are obtained from the courthouse that processed your divorce. A Decree Nisi or uncertified copy will not be accepted by marriage licence issuers.
How much does it cost to get remarried after divorce in Ontario?
The total cost includes the Certificate of Divorce fee ($24-$25), marriage licence fee ($130-$192 by municipality), and officiant fees ($150-$500 for civil ceremonies). For foreign divorces, add $300-$600 for the required lawyer's opinion letter plus any translation fees. Total costs range from approximately $300 to $900 depending on circumstances.
Can I remarry in Ontario if I was divorced in another country?
Yes, but you must first obtain authorization from the Ontario Registrar General through ServiceOntario. This requires submitting your original or certified foreign divorce decree, a Foreign Divorce Opinion Letter from an Ontario lawyer, and completed application forms. Processing takes up to 4 weeks. Without this authorization, your marriage licence application will be denied.
What happens if I remarry before my divorce is legally final?
Remarrying while still legally married constitutes bigamy under Section 290 of Canada's Criminal Code, carrying a maximum 5-year imprisonment penalty. The second marriage would be void from inception, meaning neither spouse could claim property division rights, spousal support, or inheritance rights arising from that marriage.
Does remarriage affect my spousal support in Ontario?
Yes, remarriage typically terminates spousal support entitlements under the Family Law Act, R.S.O. 1990, c. F.3. If you receive spousal support, remarriage ends your payments unless your agreement specifies otherwise. Child support is unaffected by either parent's remarriage.
How long does it take to get a Certificate of Divorce in Ontario?
Certificate of Divorce processing takes 10-15 business days through Ontario courts after application. You can apply starting on day 31 after the divorce judgment. In high-volume courts (Toronto, Peel, York), processing may extend to 3-4 weeks during busy periods.
Can I use religious banns instead of a marriage licence if I was previously married?
No. Under Ontario's Marriage Act, banns are only available if both parties are getting married for the first time. Previously married individuals must obtain a marriage licence regardless of religious affiliation or the type of ceremony planned.
Do I need to notify my ex-spouse before remarrying in Ontario?
Ontario law does not require you to notify your former spouse of your remarriage. However, review your separation agreement and any court orders for specific notification provisions. If you share parenting time, providing advance notice demonstrates cooperative co-parenting.
What is a Foreign Divorce Opinion Letter and who can provide it?
A Foreign Divorce Opinion Letter is a legal document prepared by a lawyer licensed by the Law Society of Ontario confirming that a foreign divorce meets Canadian recognition standards. Only Ontario-licensed lawyers can provide these letters. The letter must be addressed to both parties intending to marry and explain why the foreign divorce should be recognized as valid in Ontario. Typical fees range from $300-$600.
Author: Antonio G. Jimenez, Esq. Credentials: Florida Bar No. 21022 | Covering Ontario divorce law
As of April 2026. Marriage licence fees and court processing times are subject to change. Verify current fees with your local municipality or ServiceOntario before applying.