Under the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 12, divorced persons in Yukon can legally remarry 31 days after their divorce judgment is granted. The Certificate of Divorce serves as proof that the marriage has been legally dissolved, and Yukon Vital Statistics requires this document when applying for a new marriage license. The marriage license fee in Yukon is $20, with a 24-hour waiting period before the ceremony can take place, and the license remains valid for 90 days.
Key Facts: Remarriage After Divorce in Yukon
| Requirement | Details |
|---|---|
| Waiting Period After Divorce | 31 days (federal appeal period under Divorce Act, s. 12) |
| Marriage License Fee | $20 CAD (non-refundable) |
| License Validity | 90 days from issuance |
| Pre-Ceremony Waiting Period | 24 hours after license issued |
| Proof of Divorce Required | Certificate of Divorce (original or certified copy) |
| Age Requirement | 19+ (parental consent required if under 19) |
| Residency Requirement for Marriage | None (but license only valid in Yukon) |
| Application Method | In-person, both parties together |
When Can You Legally Remarry After Divorce in Yukon?
The earliest you can remarry after divorce in Yukon is 31 days after the court grants your divorce judgment. Under Divorce Act, s. 12(1), a divorce takes effect on the thirty-first day after the judgment is rendered, not on the day the judge signs the order. This 31-day period exists as an appeal window during which either spouse can challenge the divorce judgment in court. If no appeal is filed, the divorce automatically becomes final on day 31 without any additional action required from either party.
The Certificate of Divorce becomes available once the 31-day period expires. This certificate is the official document proving your marriage has been legally dissolved, and you will need it to apply for a new marriage license anywhere in Canada. The Supreme Court of Yukon Registry charges approximately $24-35 CAD for certified copies of the Certificate of Divorce, though fees may vary. You should request this certificate as soon as your divorce becomes effective if you plan to remarry.
Shortening the 31-Day Appeal Period
In exceptional circumstances, Yukon courts may shorten or waive the 31-day appeal period under Divorce Act, s. 12(2). Both spouses must agree and sign undertakings promising not to appeal the divorce judgment. The court requires additional documents including sworn affidavits from both parties. However, a pending remarriage alone is generally not considered sufficient grounds for waiving the appeal period. Judges retain discretion to deny such requests, and the additional legal paperwork often costs more than simply waiting the 31 days.
How to Apply for a Marriage License in Yukon After Divorce
Yukon Vital Statistics requires divorced persons to provide proof of divorce dissolution before issuing a marriage license. Both you and your future spouse must apply in person together at either the Vital Statistics office in Whitehorse (by appointment) or through a Territorial Agent in other communities. The process takes approximately 24 hours from application to license issuance, and the total cost is $20 CAD, which is non-refundable regardless of whether you proceed with the marriage.
Required Documents for Divorced Persons
When applying for a marriage license in Yukon after a previous divorce, you must bring:
- Government-issued photo identification showing your legal name and date of birth (passport, driver's license, or territorial ID card)
- Certificate of Divorce or original/certified copy of the final divorce decree
- If divorced outside Canada, you may need additional authorization (see foreign divorce section below)
- Certified translation of any documents not in English or French
The marriage license issuer will verify that your divorce is final before processing your application. If your Certificate of Divorce shows a date less than 31 days from the divorce judgment, the license may be denied until the appeal period has fully elapsed. Yukon does not require a blood test or medical examination for marriage license applicants.
Proof of Divorce Requirements in Yukon
Yukon's Marriage Act requires conclusive proof that any previous marriage has been legally terminated before issuing a new marriage license. The preferred document is the Certificate of Divorce issued by the court that granted your divorce. Under Divorce Act, s. 12(7), this certificate serves as conclusive proof of the divorce facts certified without requiring additional authentication of the signature or authority of the issuing official.
Acceptable Documents
| Document Type | Acceptability | Notes |
|---|---|---|
| Certificate of Divorce | Fully accepted | Primary proof document |
| Divorce Judgment/Order | May be accepted | Must show effective date |
| Decree Absolute | Accepted if from common law jurisdiction | Older terminology |
| Decree Nisi | Not accepted | This is preliminary, not final |
| Religious divorce certificate | Not accepted | Must have civil divorce |
| Separation agreement | Not accepted | Does not dissolve marriage |
If you cannot locate your Certificate of Divorce, you can request a replacement from the court where your divorce was granted. For divorces granted in Yukon, contact the Supreme Court of Yukon Registry at 2134 Second Avenue, Whitehorse. Processing time for replacement certificates typically ranges from 2-4 weeks, with fees varying by court.
Foreign Divorce Recognition for Remarriage in Yukon
If you obtained your divorce outside Canada, additional steps are required before you can remarry in Yukon. Foreign divorces are not automatically recognized under Canadian law. The divorce must meet criteria established in the Divorce Act, s. 22: the divorce must have been valid under the laws of the country where it was granted, and either spouse must have been ordinarily resident in that country for at least one year immediately before the divorce application, or had a real and substantial connection with that country.
Steps for Foreign Divorce Recognition
- Obtain the original or certified copy of the foreign divorce decree
- If the document is not in English or French, obtain a certified translation
- Some provinces require an opinion letter from a Canadian lawyer authenticating the foreign divorce
- Apply for authorization from the provincial Registrar General (process varies by province)
- Processing time is typically 2-4 weeks
Foreign divorces that may not be recognized include those obtained through religious tribunals without civil court involvement, divorces where one spouse received no notice of proceedings, divorces obtained through fraud, and divorces from jurisdictions with laws fundamentally different from Canadian family law principles. If your foreign divorce is not recognized, you may need to obtain a Canadian divorce before remarrying, which requires meeting the one-year residency requirement in a Canadian province or territory.
Statistics: Remarriage After Divorce in Yukon and Canada
Statistics Canada data reveals that 26% of Canadians aged 35-64 in couple relationships are in their second or subsequent marriage or common-law union, representing approximately 2.86 million people nationwide. The average time between divorce and entering a new relationship is 4.5 years for men and 4.8 years for women. Among those who repartner, 36% enter common-law relationships, 46% start as common-law and later marry, and only 18% proceed directly to marriage.
Regional Remarriage Patterns
| Region | Repartnering Rate (Ages 35-64) |
|---|---|
| Quebec | 36% |
| British Columbia | 28% |
| Atlantic Canada | 27% |
| Prairie Provinces | 25% |
| Ontario | 19% |
| Northern Territories (including Yukon) | Data limited but estimated 25-30% |
Intention to remarry has declined among divorced Canadians. Between 1996 and 2006, the percentage of divorced persons intending to remarry dropped from 26% to 22%, with over 60% stating they had no intention of remarrying at all. Common-law partnerships have become an increasingly popular alternative to formal remarriage throughout Canada, including in Yukon.
Special Circumstances for Remarriage After Divorce in Yukon
Certain situations require additional considerations when planning remarriage after divorce in Yukon. Understanding these circumstances helps ensure your new marriage is legally valid and avoids potential complications.
Remarriage During Appeal Period
Attempting to remarry before the 31-day appeal period expires is legally problematic. If you marry during this window and an appeal is subsequently filed, your new marriage may be invalidated because you were technically still married to your first spouse. The appeal period exists under Divorce Act, s. 12(3) to allow either party to challenge the divorce judgment. A divorce subject to a pending appeal does not take effect until the appeal is resolved, which can extend the waiting period by months or years.
Death of Former Spouse During Appeal Period
If your former spouse dies during the 31-day appeal period before your divorce becomes effective, the divorce may not be finalized. In this case, your legal status would revert to married (widowed), not divorced. While this situation is rare, it can affect inheritance rights, pension benefits, and other legal matters. Consulting with a family law lawyer is advisable if this occurs.
Parenting Arrangements and Remarriage
Remarriage after divorce in Yukon does not automatically affect existing parenting orders. Under the 2021 amendments to the Divorce Act, courts prioritize the best interests of the child when making decisions about parenting time and decision-making responsibility. However, remarriage can be a basis for seeking a variation of parenting arrangements if it represents a material change in circumstances, such as relocation with a new spouse or the introduction of step-siblings into the household.
Financial Obligations and Remarriage
Spousal support obligations from your previous marriage typically continue regardless of your remarriage. Under Divorce Act, s. 17, your obligation to pay spousal support does not automatically terminate when you remarry, though your former spouse's remarriage may be grounds for varying or terminating support payments. Child support obligations continue until the child reaches the age of majority or becomes independent, regardless of either parent's remarriage.
Timeline: From Divorce to Remarriage in Yukon
The minimum timeline from initiating divorce to being eligible for remarriage in Yukon depends on the grounds for divorce and whether the matter is contested. Under the Divorce Act, s. 8, divorce can be granted on grounds of one-year separation, adultery, or physical or mental cruelty.
Uncontested Divorce Timeline
| Stage | Duration | Cumulative Time |
|---|---|---|
| Separation period (if using separation grounds) | 365 days | 12 months |
| Filing and processing | 2-4 months | 14-16 months |
| Divorce judgment granted | Day 0 | 14-16 months |
| Appeal period | 31 days | 15-17 months |
| Apply for marriage license | 24 hours | 15-17 months |
| Marriage ceremony | Same day or after | 15-17 months minimum |
Contested Divorce Timeline
Contested divorces involving disputes over parenting arrangements, property division, or support can extend the timeline significantly. Court scheduling, interim hearings, mediation, and trial can add 12-24 months or more to the process. The 31-day appeal period begins only after the final divorce judgment is rendered, regardless of how long the proceedings took.
Costs Associated with Remarriage After Divorce in Yukon
The total cost of remarriage after divorce in Yukon varies based on individual circumstances. Below is a breakdown of typical expenses.
| Expense | Cost Range (CAD) | Notes |
|---|---|---|
| Divorce filing fee | ~$180 | Supreme Court of Yukon |
| Central Registry fee | $10 | Federal requirement |
| Certificate of Divorce | $24-35 | Per certified copy |
| Marriage license | $20 | Non-refundable |
| Marriage officiant | $100-500+ | Varies by officiant |
| Marriage certificate | $25-50 | Official copy after ceremony |
| Total minimum | ~$359 | Not including legal fees |
Legal fees for an uncontested divorce in Yukon typically range from $1,500-3,500 CAD if using a lawyer, though many people complete uncontested divorces without legal representation using the free assistance available from the Family Law Information Centre (FLIC). Contested divorces can cost $10,000-50,000+ CAD in legal fees depending on complexity.
Where to Get Married in Yukon
Yukon marriage licenses are valid only within Yukon for 90 days from the date of issuance. You can marry at any location in the territory, including Whitehorse, Dawson City, Watson Lake, or more remote wilderness locations. Marriage ceremonies must be performed by a licensed officiant, which includes registered marriage commissioners, clergy members of recognized religious bodies, and certain designated officials.
Marriage Officiants in Yukon
To find a marriage commissioner in Yukon, contact Vital Statistics at 867-667-5207 or toll-free within Yukon at 1-800-661-0408, extension 5207. Marriage commissioners charge fees set by the government, while clergy and other officiants may set their own fees. Two witnesses aged 19 or older must be present at the ceremony.
Banns as Alternative to License
Banns are a free, religious-based alternative to a marriage license in Yukon. Banns involve a public announcement of intention to marry in a religious body, such as a church, typically made on three consecutive Sundays before the wedding. This option is only available for couples marrying within a religious ceremony and requires the officiating clergy to confirm the banns were properly published.
Frequently Asked Questions
How long after divorce can I remarry in Yukon?
You can legally remarry in Yukon 31 days after your divorce judgment is granted. This 31-day period is the federal appeal window under Divorce Act, s. 12(1). Your Certificate of Divorce becomes available once this period expires, and you must present this certificate when applying for a new marriage license. The marriage license itself requires an additional 24-hour waiting period before the ceremony.
What documents do I need to remarry in Yukon after divorce?
You need your Certificate of Divorce or original/certified divorce decree plus government-issued photo identification showing your legal name and date of birth. If your divorce occurred outside Canada, you may need a certified translation and authorization from the relevant provincial authority. Both you and your future spouse must apply in person together at Yukon Vital Statistics.
How much does a marriage license cost in Yukon?
The marriage license fee in Yukon is $20 CAD, which is non-refundable. The license is valid for 90 days from issuance. There is a mandatory 24-hour waiting period between receiving the license and the marriage ceremony. Additional costs include the marriage certificate after the ceremony (approximately $25-50 CAD) and officiant fees ($100-500+ CAD).
Can I remarry if my divorce is from another country?
Yes, but foreign divorces require additional verification before you can remarry in Yukon. The divorce must be recognized as valid under Canadian law, which requires that either spouse was ordinarily resident in the foreign country for at least one year before the divorce or had a real and substantial connection with that country. You may need an opinion letter from a Canadian lawyer and authorization from provincial authorities. Processing typically takes 2-4 weeks.
What if I lost my Certificate of Divorce?
You can request a replacement Certificate of Divorce from the court that granted your divorce. For Yukon divorces, contact the Supreme Court of Yukon Registry at 2134 Second Avenue, Whitehorse. Fees for certified copies range from $24-35 CAD, and processing typically takes 2-4 weeks. You will need to provide your names, approximate date of divorce, and court file number if available.
Does remarriage affect my parenting arrangements from the previous marriage?
Remarriage does not automatically change existing parenting orders in Yukon. However, remarriage can constitute a material change in circumstances that may justify a variation of parenting time or decision-making responsibility under Divorce Act, s. 17. Factors such as relocation with a new spouse, introduction of step-children, or changes to living arrangements may be relevant. Any variations must be approved by the court or agreed upon by both parents.
Can my ex-spouse stop me from remarrying in Yukon?
No, your former spouse cannot legally prevent you from remarrying once your divorce is final. They can file an appeal during the 31-day appeal period, which would delay when the divorce takes effect, but appeals are limited to legal errors in the divorce proceedings, not simply objecting to the divorce itself. Once the Certificate of Divorce is issued, your former spouse has no legal standing to interfere with your remarriage.
Do I need to live in Yukon to get married there after divorce?
No, Yukon does not require residency for marriage. Anyone can obtain a Yukon marriage license regardless of where they live, though both parties must apply in person together. However, the marriage license is only valid within Yukon—you cannot use a Yukon license to marry in another province or territory. If you plan to marry elsewhere, you must obtain a license from that jurisdiction.
What happens to spousal support when I remarry in Yukon?
Your remarriage does not automatically end your obligation to pay spousal support to your former spouse. However, if your former spouse (the recipient) remarries or enters a common-law relationship, this may be grounds for varying or terminating support. Under Divorce Act, s. 17(7), courts consider the recipient's changed circumstances, including whether the new relationship has affected their financial need. Each case is assessed individually.
Can I shorten the 31-day waiting period before remarrying?
Yes, but it is difficult. Under Divorce Act, s. 12(2), courts can shorten the appeal period if both spouses agree and sign undertakings not to appeal, and special circumstances exist. However, courts rarely grant such requests, and a pending remarriage alone is generally not considered sufficient grounds. The additional legal paperwork and court time often cost more than simply waiting the 31 days.
Contact Information
Yukon Vital Statistics (Marriage Licenses)
- Phone: 867-667-5207
- Toll-free in Yukon: 1-800-661-0408, extension 5207
- Email: vital.statistics@yukon.ca
- Address: Whitehorse office (by appointment)
Supreme Court of Yukon Registry (Divorce Documents)
- Address: Law Courts Building, 2134 Second Avenue, Whitehorse, YT
- Website: yukoncourts.ca
Family Law Information Centre (FLIC)
- Free assistance with divorce paperwork and procedures
- Contact through Yukon Courts
Disclaimer
This guide provides general information about remarriage after divorce in Yukon as of April 2026. Laws and fees may change. Verify current requirements with Yukon Vital Statistics or the Supreme Court of Yukon before proceeding. This information does not constitute legal advice. For specific legal questions about your situation, consult with a licensed family law lawyer in Yukon.