In Prince Edward Island, you can legally remarry 31 days after your divorce judgment is rendered, once you obtain your Certificate of Divorce with the court seal intact. The marriage license fee in PEI is $100, and both parties must appear in person at Vital Statistics to apply. Under Divorce Act, R.S.C. 1985, c. 3, s. 12, your divorce takes effect automatically on day 31 without any action required from either spouse. Remarrying before this period expires constitutes bigamy under Criminal Code, R.S.C. 1985, c. C-46, s. 290, punishable by up to 5 years imprisonment.
Key Facts: Remarriage After Divorce in Prince Edward Island
| Requirement | Details |
|---|---|
| Mandatory Waiting Period | 31 days after divorce judgment (Divorce Act, s. 12) |
| Required Document | Certificate of Divorce with seal intact |
| Marriage License Fee | $100 (as of April 2026, verify with Vital Statistics) |
| License Validity | 3 months from date of issue |
| Application Process | Both parties must appear in person |
| Witnesses Required | Two adult witnesses (age 18+) at ceremony |
| Foreign Divorce | Requires certified letter from PEI lawyer confirming eligibility |
Understanding the 31-Day Waiting Period Before Remarriage
Prince Edward Island residents must wait exactly 31 days after a court grants their divorce before they can legally remarry. Under Divorce Act, R.S.C. 1985, c. 3, s. 12(1), a divorce takes effect on the thirty-first day after the day on which the judgment granting the divorce is rendered. This mandatory appeal period runs automatically and requires no action from either spouse. During these 31 days, neither party can obtain a Certificate of Divorce, remarry, or update legal documents reflecting single status. The appeal window exists to allow either spouse to challenge the divorce order if they believe it was made in error, ensuring procedural fairness in the dissolution of marriage.
The 31-day waiting period applies uniformly across all Canadian provinces, including Prince Edward Island, because the federal Divorce Act governs divorce proceedings nationwide. Once the 31 days elapse without an appeal being filed, your divorce becomes final automatically. At that point, you become eligible to request your Certificate of Divorce from the Supreme Court of Prince Edward Island where your divorce was processed. This certificate serves as the official proof required for remarriage in PEI.
Can the 31-Day Waiting Period Be Shortened?
Prince Edward Island courts can shorten the 31-day appeal period only under exceptional circumstances outlined in Divorce Act, R.S.C. 1985, c. 3, s. 12(2). Both spouses must agree in writing not to appeal the divorce judgment, and the court must find that special circumstances justify an earlier effective date. Courts rarely grant such requests without compelling reasons such as terminal illness, urgent immigration deadlines, or other documented emergencies. Simply wanting to remarry quickly does not constitute special circumstances under Canadian law. If you believe you qualify for an expedited divorce finalization, consult with a Prince Edward Island family law attorney to assess your options.
How to Obtain Your Certificate of Divorce in Prince Edward Island
The Certificate of Divorce is the essential document proving your marriage has been legally dissolved and is required for remarriage after divorce in Prince Edward Island. You must request this certificate from the Supreme Court of Prince Edward Island where your divorce was processed. The certificate typically becomes available 31 days after the divorce order date, coinciding with when your divorce becomes final. Processing time for the certificate request typically takes 10 to 15 business days, though this varies by court workload. The federal Central Registry of Divorce Proceedings can help locate your court file if you cannot remember where your divorce was processed.
When applying for your Certificate of Divorce, you will need your court file number and the full names of both parties. The certificate must have the court seal intact to be valid for remarriage purposes. In other Canadian provinces, certificate fees range from $25 (Ontario) to $40 (British Columbia). Contact the Supreme Court of Prince Edward Island directly to confirm current certificate fees and processing times. Keep multiple certified copies of your Certificate of Divorce, as you may need them for immigration applications, name changes, pension benefits, or other legal purposes beyond remarriage.
Marriage License Requirements for Remarriage in PEI
Prince Edward Island charges a $100 marriage license fee, payable by cash, debit, or credit card at the time of your appointment with Vital Statistics. Both you and your future spouse must appear in person at a Vital Statistics office to obtain your marriage license. You cannot apply online or through a proxy under PEI law. The marriage license is valid for 3 months from the date of issue, giving you a reasonable window to schedule your wedding ceremony. Appointments can be booked at multiple locations across Prince Edward Island, and licenses are issued on the spot once your application is approved.
Required Documents for Marriage License Application
When applying for a marriage license after divorce in Prince Edward Island, you must bring the following documentation:
- Certificate of Divorce with the court seal intact (not a Divorce Judgment, Divorce Order, or Separation Agreement)
- Birth certificate (certified translation required if not in English or French)
- Valid government-issued photo identification (passport, driver's license)
- Provincial health card (PEI residents only)
- Marriage ceremony details (date, location, officiant name)
Vital Statistics will not issue a marriage license if you cannot provide your Certificate of Divorce. The certificate must be a compared and certified true copy with the seal intact. A Divorce Judgment or Separation Agreement does not satisfy this requirement. If your Certificate of Divorce is in a language other than English or French, you must provide an official notarized translation along with the original certificate.
Special Requirements for Foreign Divorces
If you were divorced outside of Canada, Prince Edward Island requires additional documentation before you can remarry. You must obtain a certified letter from a practicing PEI lawyer confirming that you are eligible to marry in the province. This legal opinion letter verifies that your foreign divorce is recognized under Canadian law. You must also provide an original or court-certified copy of your foreign divorce decree, with a certified English or French translation if the original is in another language. The lawyer's letter confirms that your foreign divorce meets Canadian legal standards and that no impediment to remarriage exists under PEI law.
Canadian courts generally recognize foreign divorces if they were granted in a jurisdiction where at least one spouse was ordinarily resident. However, some countries have divorce processes that do not meet Canadian standards for procedural fairness. The PEI lawyer reviewing your foreign divorce will assess whether it satisfies Canadian requirements for recognition. This additional step protects against the possibility of bigamy charges if a foreign divorce is later found invalid in Canada.
Criminal Consequences of Remarrying Before Divorce is Final
Remarrying before your divorce becomes final constitutes bigamy under Criminal Code, R.S.C. 1985, c. C-46, s. 290, punishable by up to 5 years imprisonment. The Criminal Code defines bigamy as going through a form of marriage while already married, or marrying someone you know is already married. Canadian courts presume all marriages are valid unless the accused proves otherwise. This means the burden falls on you to demonstrate your prior marriage was legally dissolved before entering a new marriage. Section 291 of the Criminal Code establishes that a certificate of marriage serves as evidence of the marriage without requiring additional proof.
The 31-day waiting period under the Divorce Act exists specifically to prevent this criminal liability. By ensuring your divorce is final and obtaining your Certificate of Divorce, you protect yourself from potential bigamy charges. If you are uncertain whether your divorce has become final, contact the court where your divorce was granted or consult with a family law attorney before proceeding with remarriage plans.
Protecting Assets in a Second Marriage: Prenuptial Agreements
Prince Edward Island recognizes prenuptial agreements (marriage contracts) under Family Law Act, R.S.P.E.I. 1988, c. F-2.1, s. 51. These agreements allow couples entering a second marriage to define property division, spousal support obligations, and other financial matters before or during marriage. Marriage contracts are particularly valuable when one or both spouses have significant assets from a prior marriage, children from previous relationships, or business interests they wish to protect. Under PEI law, couples can agree on how assets will be divided upon separation or death, deviating from the default equal-sharing presumption that applies to family assets.
For a prenuptial agreement to be enforceable in Prince Edward Island, both parties must enter into it voluntarily and understand the nature and consequences of the agreement. Courts may set aside a marriage contract if one party did not understand what they were signing or was pressured into the agreement. Full disclosure of assets, debts, and liabilities is essential, though not explicitly mandated by statute. Failure to disclose significant financial information can be grounds for setting aside the contract. Both parties should obtain independent legal advice before signing, as the absence of such advice may influence a court's assessment of the agreement's fairness.
What Prenuptial Agreements Can and Cannot Cover
PEI prenuptial agreements can address:
- Ownership and division of property accumulated before and during the marriage
- Spousal support obligations (amount and duration)
- How household expenses will be shared during the marriage
- Rights to the matrimonial home upon separation or death
- Management of business interests and investments
Prenuptial agreements cannot include binding provisions about parenting arrangements for children. Decisions about decision-making responsibility, parenting time, and child support are determined based on the best interests of the child at the time of separation, not by pre-existing agreements. Courts retain full authority to override any parenting provisions in a marriage contract if they conflict with children's welfare.
Property Division Considerations for Remarriage
Under Prince Edward Island's Family Law Act, property division rules apply to married spouses with a presumption of equal sharing of family assets when the marriage ends. If you are entering a second marriage with significant assets from your first marriage, those assets may become subject to division in a future divorce unless protected by a prenuptial agreement. Real property (beyond the family home), RRSPs, employment pensions, and investment portfolios have income tax implications that must be considered when determining net family property values. The family home itself does not typically attract income tax consequences upon division, but other real estate like cottages, rental properties, or vacant land may trigger capital gains tax.
Common law partners in Prince Edward Island have different rights than married spouses. The Family Law Act's property division rules do not apply to common law couples, even after three years of cohabitation. If you are considering cohabitation rather than marriage after your divorce, understand that you will not have automatic property-sharing rights. A cohabitation agreement under Part IV of the Family Law Act can provide similar protections to a marriage contract for couples who choose not to marry.
Timeline: From Divorce to Remarriage in Prince Edward Island
Understanding the complete timeline helps you plan your second wedding appropriately:
- Divorce judgment rendered (Day 0)
- 31-day appeal period runs automatically (Days 1-31)
- Divorce becomes final (Day 31)
- Request Certificate of Divorce from Supreme Court (Day 31+)
- Receive Certificate of Divorce (typically 10-15 business days after request)
- Book appointment with Vital Statistics for marriage license
- Attend appointment with all required documents and $100 fee
- Receive marriage license on the spot if application approved
- Marriage ceremony within 3 months of license issuance
- Officiant files Statement of Marriage with Vital Statistics
The fastest possible remarriage timeline after a divorce judgment is approximately 6-8 weeks, accounting for the mandatory 31-day waiting period plus certificate processing time and marriage license application. Planning ahead by gathering required documents during the waiting period can help expedite the process once your divorce becomes final.
Ceremony Requirements for Second Marriages in PEI
Prince Edward Island wedding ceremonies for second marriages follow the same requirements as first marriages. You must have two credible adult witnesses (age 18 or older) present at the ceremony. Your marriage officiant must be registered with Vital Statistics and confirmed to perform your ceremony before your license will be issued. Both you, your spouse, your two witnesses, and your officiant must sign the legal Statement of Marriage, which the officiant then registers with Vital Statistics. Religious and civil ceremonies are equally valid under PEI law, and the province recognizes same-sex marriages.
No residency requirement exists for obtaining a marriage license in Prince Edward Island. You do not need to be a PEI resident to marry in the province, making it a destination wedding option for divorced individuals from other provinces or countries. However, if you were divorced outside of Canada, you still need the certified lawyer letter confirming your eligibility to marry in PEI.
FAQs: Remarriage After Divorce in Prince Edward Island
How long after divorce can I remarry in Prince Edward Island?
You can remarry in Prince Edward Island exactly 31 days after your divorce judgment is rendered. Under Divorce Act, R.S.C. 1985, c. 3, s. 12(1), your divorce takes effect automatically on day 31 without any action required. You must obtain your Certificate of Divorce before applying for a marriage license.
What documents do I need to remarry after divorce in PEI?
You need your Certificate of Divorce with the court seal intact, birth certificate, valid government-issued photo ID, and your Provincial Health Card if you are a PEI resident. If your documents are not in English or French, you must provide certified translations. A Divorce Judgment or Separation Agreement is not sufficient.
How much does a marriage license cost in Prince Edward Island?
The marriage license fee in Prince Edward Island is $100 as of April 2026, payable by cash, debit, or credit card. Both parties must appear in person at Vital Statistics to apply. The fee is non-refundable and subject to change, so verify with Vital Statistics before your appointment.
Can I shorten the 31-day waiting period before remarrying?
Courts can shorten the 31-day period only under exceptional circumstances such as terminal illness or urgent immigration deadlines. Both spouses must agree in writing not to appeal, and the court must find special circumstances justifying an earlier date. Simply wanting to remarry quickly is not sufficient grounds.
What if I was divorced outside of Canada?
If divorced outside Canada, you must obtain a certified letter from a practicing PEI lawyer confirming your eligibility to marry in the province. You also need your foreign divorce decree with certified English or French translation if applicable. This requirement ensures your foreign divorce is recognized under Canadian law.
Is a prenuptial agreement recommended for a second marriage?
Prenuptial agreements are strongly recommended for second marriages, especially when you have assets from your first marriage, children from a prior relationship, or business interests. Under Family Law Act, R.S.P.E.I. 1988, c. F-2.1, s. 51, marriage contracts are legally enforceable if both parties enter voluntarily with full disclosure.
What happens if I remarry before my divorce is final?
Remarrying before your divorce becomes final constitutes bigamy under Criminal Code, R.S.C. 1985, c. C-46, s. 290. Bigamy is punishable by up to 5 years imprisonment. Always obtain your Certificate of Divorce confirming your divorce is final before remarrying.
How long is a PEI marriage license valid?
A Prince Edward Island marriage license is valid for 3 months from the date of issue. If your ceremony does not occur within this window, you must apply for a new license and pay the $100 fee again. Licenses are issued on the spot once your application is approved.
Do I need to be a PEI resident to remarry in the province?
No residency requirement exists for obtaining a marriage license in Prince Edward Island. Non-residents can marry in PEI following the same documentation requirements as residents. However, you must still provide all required documents including your Certificate of Divorce.
Where do I get my Certificate of Divorce in PEI?
Request your Certificate of Divorce from the Supreme Court of Prince Edward Island where your divorce was processed. The certificate becomes available after the 31-day appeal period expires. Processing typically takes 10-15 business days. Contact the court directly for current fees and procedures.
Next Steps for Remarriage After Divorce in PEI
If you are planning to remarry after divorce in Prince Edward Island, begin by confirming your divorce is final and obtaining your Certificate of Divorce from the Supreme Court. Gather all required documentation including your birth certificate and government-issued ID. Consider whether a prenuptial agreement is appropriate for your situation, particularly if you have assets from your first marriage or children from a prior relationship. Book your Vital Statistics appointment with sufficient time before your planned wedding date, keeping in mind the 3-month license validity period.
For foreign divorces or complex situations, consult with a Prince Edward Island family law attorney to ensure your divorce is recognized and you meet all eligibility requirements for remarriage. The legal consequences of remarrying before your divorce is final are severe, so when in doubt, verify your status before proceeding.
Sources: Government of Prince Edward Island - Getting a Marriage License, Justice Laws Canada - Divorce Act Section 12, Legal Line Canada, Prenup.ca - Prince Edward Island