In Saskatchewan, you can legally remarry on the 32nd day after your Divorce Judgment is signed, once the mandatory 31-day appeal period under Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 12(1) has elapsed. The Certificate of Divorce, which costs $10 from the Court of King's Bench, serves as your legal proof of marriage dissolution and is required to obtain a new Saskatchewan marriage licence. Saskatchewan charges $60 for a marriage licence, has no residency requirement for marrying in the province, and does not impose any additional waiting period between receiving your divorce certificate and entering a new marriage.
Key Facts: Remarriage After Divorce in Saskatchewan
| Requirement | Details |
|---|---|
| Waiting Period After Divorce | 31 days from Divorce Judgment (appeal period) |
| Certificate of Divorce Fee | $10 |
| Marriage Licence Fee | $60 |
| Licence Validity | 90 days from purchase |
| Residency Requirement | None for marriage |
| Previously Divorced | Must present Certificate of Divorce or Decree Absolute |
| Minimum Age | 18 years (16-17 with parental consent) |
| Same-Sex Marriage | Legally recognized |
How Long Must You Wait to Remarry After Divorce in Saskatchewan?
Saskatchewan residents can remarry exactly 31 days after a judge grants their Divorce Judgment, with no additional provincial waiting period between receiving the Certificate of Divorce and applying for a new marriage licence. Under Divorce Act, s. 12(1), a divorce takes effect on the thirty-first day after the judgment is rendered, creating a uniform standard across all Canadian provinces. This 31-day statutory appeal window allows either spouse to challenge the divorce order through the Saskatchewan Court of Appeal if they believe legal errors occurred.
The timeline for remarriage after divorce in Saskatchewan breaks down as follows:
- Day 1: Judge signs the Divorce Judgment
- Days 1-31: Statutory appeal period (no remarriage permitted)
- Day 31: Divorce becomes legally effective at 12:01 AM
- Day 32+: Certificate of Divorce available; remarriage permitted
No action is required from either spouse for the divorce to become final. The divorce automatically takes effect on day 31 if no appeal is filed. Once the appeal period expires, either former spouse can request their Certificate of Divorce from the Local Registrar's office at the Court of King's Bench where the divorce was granted.
Getting Your Certificate of Divorce in Saskatchewan
The Certificate of Divorce is the only document that legally proves your marriage has been dissolved, and Saskatchewan marriage licence issuers require this document before issuing a new licence to previously divorced individuals. The Saskatchewan Court of King's Bench charges $10 for a certified copy of the Certificate of Divorce, and processing typically takes 1-2 weeks after the 31-day appeal period ends. You should obtain this certificate even if you have no immediate plans to remarry, as it may be required for immigration applications, pension benefit claims, name changes, or other legal purposes.
To obtain your Certificate of Divorce in Saskatchewan:
- Wait until the 31-day appeal period has passed
- Contact the Court of King's Bench registry where your divorce was granted
- Submit a written request for the Certificate of Divorce
- Pay the $10 certificate fee
- Receive the certificate by mail or in person (1-2 weeks typical processing)
If you have lost your Certificate of Divorce or need additional certified copies, you can request them from the same court registry. The Central Registry of Divorce Proceedings in Ottawa can help locate your divorce records if you are unsure which Saskatchewan court processed your case.
Can the 31-Day Appeal Period Be Waived?
Saskatchewan courts can shorten the 31-day appeal period only in exceptional circumstances, and a pending remarriage does not qualify as a valid reason for waiver under Canadian law. Divorce Act, s. 12(2) permits early finalization when both spouses agree and undertake in writing that no appeal will be filed, combined with special circumstances such as terminal illness of one spouse. The court must be satisfied that the divorce should take effect earlier than the standard 31-day period based on genuine hardship considerations.
Circumstances that may justify waiving the appeal period:
- Terminal illness where a spouse may not survive the 31-day period
- Urgent immigration requirements affecting legal status
- Other extraordinary circumstances at the court's discretion
Circumstances that will not justify a waiver:
- Desire to remarry quickly
- Wedding date already scheduled
- Convenience or preference
- Travel or vacation plans
Both spouses must sign an "Undertaking Not to Appeal Divorce Judgment" form and file it with the court. Even with this undertaking, the court retains discretion to grant or deny the request for early finalization.
How to Get a Marriage Licence in Saskatchewan
Saskatchewan requires a $60 marriage licence fee, both prospective spouses to appear in person at an authorized issuer, and presentation of the Certificate of Divorce if either party was previously married. Marriage licence issuers operate throughout the province, typically at jewelry stores and municipal offices, as authorized through eHealth Saskatchewan. The licence becomes effective the day after purchase and remains valid for 90 days.
Marriage licence requirements in Saskatchewan:
- Both parties must appear together in person (no proxy applications)
- Two pieces of government-issued ID required (at least one with photo)
- Acceptable ID: birth certificate, passport, driver's licence, citizenship card, permanent resident card, or treaty card
- Minimum age: 18 years (ages 16-17 require parental consent and special form)
- Previously divorced applicants must present original or certified Decree Absolute/Certificate of Divorce
- Fee: $60
Saskatchewan has no residency requirement for marriage, meaning non-residents can obtain a marriage licence and legally marry within the province. However, a marriage licence purchased in another province or country is not valid for ceremonies performed in Saskatchewan. The couple must purchase a Saskatchewan-issued licence for a Saskatchewan wedding.
Foreign Divorces and Remarriage in Saskatchewan
If you obtained a divorce outside Canada, you must prove that divorce is legally recognized before Saskatchewan will issue a new marriage licence, as Divorce Act, s. 22 establishes the conditions for recognizing foreign divorces. A foreign divorce is generally valid in Saskatchewan if it was legally granted under the laws of that country and at least one spouse lived in that country for a full year immediately before filing for divorce. Without meeting these residency requirements, recognition may still be possible if the divorcing spouse can demonstrate a "real and substantial connection" to the foreign jurisdiction.
Foreign divorce recognition may be refused if:
- A spouse did not receive proper notice of the divorce proceedings
- The foreign divorce order violates Canadian public policy
- The foreign court lacked proper jurisdiction over the marriage
- Fraud was involved in obtaining the divorce
To remarry in Saskatchewan with a foreign divorce, you will typically need:
- Original or court-certified copy of the foreign Decree Absolute or divorce judgment
- Official English or French translation (if the original is in another language)
- In some cases, a legal opinion letter from a Canadian lawyer confirming the divorce would be recognized
Contact Saskatchewan eHealth Vital Statistics or consult a Saskatchewan family lawyer for specific administrative requirements, as procedures may differ from other provinces.
Prenuptial Agreements for Second Marriages in Saskatchewan
Saskatchewan's Family Property Act governs interspousal contracts (prenuptial agreements), and individuals remarrying should strongly consider such agreements to protect assets acquired before the new marriage or inherited from deceased spouses. Under The Family Property Act, s. 38, a prenuptial agreement is presumptively binding only when both parties have obtained independent legal advice from separate lawyers, with each lawyer certifying they have explained the agreement's nature and consequences.
Key requirements for enforceable Saskatchewan prenuptial agreements:
- Must be in writing and signed by both parties
- Must be witnessed
- Each party must receive independent legal advice from separate lawyers
- Each lawyer must provide a signed acknowledgment certificate
- Full financial disclosure between parties is required
- Should be signed well before the wedding (3-6 months recommended)
Prenuptial agreements can address:
- Division of family property at separation or divorce
- Ownership and possession of the family home
- Business interests and retirement accounts
- Pre-existing debts and assets brought into the marriage
- Spousal support provisions
- Parenting arrangements and decision-making responsibility for children
Without a prenuptial agreement, Saskatchewan law presumes a 50/50 division of all family property acquired during the marriage, regardless of whose name appears on the title. For individuals with significant pre-marital assets, business interests, or children from prior relationships, an interspousal contract provides essential protection.
Saskatchewan family lawyers charge $200-$400 per hour for prenuptial work, with straightforward agreements requiring 5-12 hours of legal time per lawyer. Total costs typically range from $1,500 to $10,000+ depending on complexity.
Divorce Timeline Before Remarriage Is Possible
The total time from separation to remarriage eligibility in Saskatchewan ranges from 14-16 months minimum, combining the 1-year separation requirement with 2-4 months of court processing and the final 31-day appeal period. The Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 8(1) requires spouses to have lived separate and apart for at least one year before a court will grant a divorce on no-fault grounds.
| Phase | Duration | Running Total |
|---|---|---|
| Separation period | 12 months minimum | 12 months |
| File divorce petition | Day 1 after separation | 12 months |
| Court processing (uncontested) | 2-4 months | 14-16 months |
| Divorce Judgment signed | Day 0 | 14-16 months |
| Appeal period | 31 days | 15-17 months |
| Certificate of Divorce available | Day 32 | 15-17 months |
| Remarriage permitted | Day 32+ | 15-17 months |
Contested divorces take significantly longer due to trial scheduling, potentially extending the timeline to 2-3 years or more before remarriage becomes possible.
Court Fees and Costs for Divorce and Remarriage
Saskatchewan divorce and remarriage involves multiple fees totaling $305-$465+ depending on whether the divorce is contested or uncontested. The Court of King's Bench sets uniform fees across all judicial centres in the province, though individuals experiencing financial hardship may apply to the court registrar for fee waivers.
| Fee Type | Amount | Notes |
|---|---|---|
| Uncontested/Joint Divorce Petition | $200 | Filed at Court of King's Bench |
| Contested Divorce Petition | $300 | If spouse disputes |
| Application for Judgment | $95 | Required to finalize divorce |
| Certificate of Divorce | $10 | Required for remarriage |
| Marriage Licence | $60 | Valid 90 days |
| Total (Uncontested + Remarriage) | $365 | Court and licence fees only |
| Total (Contested + Remarriage) | $465 | Court and licence fees only |
As of January 2026. Verify current fees with your local Court of King's Bench registry, as Saskatchewan periodically adjusts its court fee schedule.
These amounts do not include legal fees. Uncontested divorces handled by a lawyer typically cost $1,500-$3,500 in Saskatchewan, while contested divorces range from $10,000-$50,000+ depending on complexity.
Updating Your Legal Documents After Remarriage
After remarrying in Saskatchewan, you should update numerous legal documents and accounts within the first 30-90 days to reflect your new marital status and any name changes. Your marriage certificate, available from eHealth Saskatchewan after your officiant files the paperwork, serves as the primary document for making these changes.
Documents and accounts to update after remarriage:
- Driver's licence and vehicle registration (SGI)
- Saskatchewan Health Card
- Canadian passport and NEXUS card
- Social Insurance Number (SIN) with Service Canada (if changing name)
- Canada Revenue Agency records
- Bank accounts and credit cards
- Employment records and benefits
- Will and estate planning documents
- Life insurance beneficiaries
- RRSP, TFSA, and pension beneficiaries
- Property titles and mortgage documents
- Professional licences and certifications
If changing your name upon remarriage, Saskatchewan allows you to assume your new spouse's surname through common usage without a formal legal name change application. Simply present your marriage certificate to update your identification documents.
Parenting Arrangements and Decision-Making When Remarrying
Remarriage does not automatically modify existing parenting orders or arrangements made during your divorce, and Saskatchewan courts evaluate any proposed changes based on the best interests of the children under the 2021 amendments to the Divorce Act. If you wish to relocate with your children following remarriage, you must provide written notice to the other parent and may require court approval depending on the distance and impact on existing parenting time schedules.
Key considerations when remarrying with children:
- Existing parenting orders remain in effect until formally varied by court order
- Child support obligations continue regardless of your remarriage
- Your new spouse has no automatic legal rights or responsibilities toward your children
- Relocation with children requires notice to the other parent (60 days for significant moves)
- Courts can vary parenting arrangements if material circumstances have changed
- Introducing children to a new spouse should be handled thoughtfully and at an appropriate pace
If you wish to modify parenting arrangements in connection with your remarriage, you can apply to the Saskatchewan Court of King's Bench for a variation order. The court will assess whether there has been a material change in circumstances and whether the proposed changes serve the children's best interests.
Spousal Support and Remarriage in Saskatchewan
Your remarriage may affect spousal support obligations depending on whether you are the payor or recipient and the specific terms of your divorce order or separation agreement. Under Canadian law, remarriage of the support recipient does not automatically terminate spousal support, though it may provide grounds for a variation application. Remarriage of the support payor generally does not reduce their obligation to pay support to a former spouse.
Effect of remarriage on spousal support:
| Scenario | Typical Impact |
|---|---|
| Recipient remarries | May justify variation or termination; new spouse's income considered |
| Payor remarries | Generally no automatic reduction; new spouse's expenses not deductible |
| Recipient cohabits | May justify variation; depends on new partner's financial contribution |
| Payor cohabits | Generally no impact on support obligation |
If your separation agreement or divorce order includes a "termination on remarriage" clause, your spousal support will end automatically upon your remarriage. Without such a clause, the payor must apply to court for a variation, demonstrating that the recipient's remarriage represents a material change in circumstances.
Frequently Asked Questions
How soon can I remarry after my divorce is finalized in Saskatchewan?
You can remarry on the 32nd day after your Divorce Judgment is signed, once the mandatory 31-day appeal period under Divorce Act, s. 12(1) has elapsed. Saskatchewan imposes no additional waiting period between receiving your Certificate of Divorce and applying for a new marriage licence. The Certificate costs $10 from the Court of King's Bench.
What documents do I need to get married again in Saskatchewan?
Saskatchewan requires your Certificate of Divorce or original Decree Absolute as proof your previous marriage was legally dissolved, plus two pieces of government-issued ID (at least one with photo). Both parties must appear in person at a marriage licence issuer. The marriage licence costs $60 and is valid for 90 days from the day after purchase.
Can I speed up the 31-day appeal period to remarry sooner?
The 31-day appeal period can only be waived in exceptional circumstances such as terminal illness, not simply because you want to remarry quickly. Both spouses must sign an undertaking not to appeal, and the court must be satisfied that special circumstances justify early finalization. A scheduled wedding date does not qualify as a valid reason for waiver.
Will my foreign divorce be recognized for remarriage in Saskatchewan?
Saskatchewan recognizes foreign divorces if they were valid under the laws of the country where granted and at least one spouse lived there for one year before filing. You must provide an original or certified divorce decree, translated into English or French if necessary. Some cases require a legal opinion letter from a Canadian lawyer confirming recognition.
Do I need a prenuptial agreement for my second marriage?
While not legally required, a prenuptial agreement (interspousal contract) is strongly recommended for second marriages in Saskatchewan, especially if you have significant pre-marital assets, business interests, or children from a prior relationship. Under The Family Property Act, s. 38, valid agreements require independent legal advice for each party, full financial disclosure, and written acknowledgments from both lawyers.
How much does it cost to get divorced and remarried in Saskatchewan?
Total government fees for divorce and remarriage in Saskatchewan range from $365 (uncontested) to $465 (contested), including court filing fees of $200-$300, Application for Judgment fee of $95, Certificate of Divorce fee of $10, and marriage licence fee of $60. Legal fees for divorce add $1,500-$3,500 for uncontested cases or $10,000-$50,000+ for contested matters.
Does my remarriage affect my spousal support payments?
Remarriage does not automatically terminate spousal support under Canadian law, though it may provide grounds for a variation application. If you are the support recipient and remarry, the payor can apply to court arguing your new spouse's income changes your financial circumstances. Review your divorce order or separation agreement for any "termination on remarriage" clauses.
Is there a residency requirement to get married in Saskatchewan?
No, Saskatchewan has no residency requirement for obtaining a marriage licence or getting married in the province. Non-residents can legally marry in Saskatchewan provided they purchase a Saskatchewan-issued marriage licence, as licences from other provinces or countries are not valid for ceremonies performed in Saskatchewan.
What happens to my existing parenting order when I remarry?
Your existing parenting order remains in full effect after remarriage and can only be changed through a court variation order or written agreement with your co-parent. Your new spouse gains no automatic legal rights or responsibilities toward your children. If you plan to relocate with children following remarriage, you must provide the other parent with written notice as required by the Divorce Act, s. 16.9.
Can my ex-spouse object to my remarriage?
Your ex-spouse cannot legally prevent you from remarrying once your divorce is final and the 31-day appeal period has passed. The appeal period allows challenges to the divorce judgment itself based on legal errors, not objections to your personal decisions. Once you have your Certificate of Divorce, you have the legal right to remarry without your former spouse's consent or notification.