Remarrying After Divorce in Canada: Everything You Need to Know

Divorce can be one of the most challenging experiences in life, but for many, it also marks a new beginning. After moving on from a marriage that has legally ended, some individuals may find love again and wish to remarry. If you are wondering how to remarry after divorce in Canada, there are important legal, procedural, and emotional factors to consider.

This article provides a comprehensive guide on remarrying after divorce in Canada, including legal requirements, timelines, documentation, and essential tips to ensure a smooth transition into a new chapter of life.

Is It Legal to Remarry After Divorce in Canada?

Yes, it is absolutely legal to remarry in Canada after a divorce. Canada’s federal and provincial laws allow divorced individuals to enter into a new marriage once their divorce is finalized. However, there are certain procedures and legal steps that must be followed before you can legally marry again.

When Can You Remarry After Divorce?

You can remarry only after your divorce is finalized. This means that:

You must have a final divorce certificate or divorce judgment proving the legal dissolution of your previous marriage.
If you have only filed for divorce or are in the middle of proceedings, you cannot remarry until the court grants the divorce.

Waiting Period for Divorce Finalization

In Canada, a divorce typically becomes final 31 days after the court issues the divorce judgment. This waiting period allows either party to appeal the divorce decision. After this period, if no appeal is filed, the divorce is officially finalized, and you can apply for a Certificate of Divorce, which is required to remarry.

Documents Required to Remarry After Divorce

To remarry in Canada, you will need to provide specific documents when applying for a marriage license. These documents may vary slightly by province, but generally, you will need:

Certificate of Divorce (or Final Decree of Divorce) — Proof that your previous marriage has legally ended.
Valid government-issued identification — Such as a passport, driver's license, or birth certificate.
Marriage license application form — Available from the municipality where you intend to marry.
Parental consent (if under age of majority) — In some cases, if the individual is under 18 or 19, depending on the province.

It is advisable to check with the local municipality or marriage license issuer to confirm the exact requirements in your area.

How to Obtain a Certificate of Divorce

If you do not already have your Certificate of Divorce, you can request one from the court where your divorce was granted. The process typically includes:

Filling out a request form.
Paying a small fee (varies by province).
Providing identification and proof of the divorce case (such as a court file number).

Contact the Court

Reach out to the family court registry where your divorce was processed to learn about specific steps to obtain your certificate.

Process of Remarrying in Canada

Here are the steps to follow if you wish to remarry in Canada after your divorce:

1. Finalize Your Divorce

Ensure you have received your final Certificate of Divorce.
Wait for the 31-day appeal period to pass if recently divorced.

2. Gather Required Documents

Collect your Certificate of Divorce and other identification.
Complete any necessary forms required by your provincial or territorial marriage license issuer.

3. Apply for a Marriage License

Apply through your local city hall, town hall, or municipal office.
Pay the applicable fee for the marriage license (fees vary by location).

4. Plan the Wedding Ceremony

Choose whether you want a civil or religious ceremony.
Arrange for an authorized officiant (e.g., judge, justice of the peace, religious leader).
Obtain any additional permits or permissions if required.

5. Register the Marriage

After the ceremony, the officiant will submit the completed marriage license to the vital statistics office in your province or territory.
You may later request an official marriage certificate as proof of your new marriage.

Considerations Before Remarrying

1. Legal and Financial Implications

Remarrying can affect various aspects of your life, including:

Spousal support obligations: In some cases, remarriage may end or alter spousal support payments.
Child support and custody arrangements: While remarriage doesn’t automatically change these, it could influence custody reviews or child support modifications.
Inheritance and estate planning: Consider updating your will, beneficiaries, and insurance policies.
Division of assets: Clarify ownership of property, especially if you plan to co-own assets with your new spouse.

2. Prenuptial Agreements

Some individuals choose to create a prenuptial agreement (also called a marriage contract) before remarrying. This can help:

Protect assets.
Define property division.
Set out spousal support terms in case of separation.
Provide clarity on financial obligations and responsibilities.

Legal advice is highly recommended when drafting such agreements to ensure fairness and enforceability.

Emotional Considerations

1. Emotional Readiness

Before entering into a new marriage, it’s essential to assess your emotional readiness. Divorce can be emotionally taxing, and ensuring you have healed from past trauma will help build a healthy new relationship.

2. Children and Blended Families

If children are involved, it's important to:

Discuss your plans to remarry with them.
Prepare them emotionally for changes in family dynamics.
Address concerns about new step-parents and blended family living arrangements.

Seeking family counseling or mediation may be helpful to ease this transition.

Remarrying a Foreign National or Remarrying Outside Canada

If you are planning to remarry:

A foreign national in Canada: Ensure they have appropriate immigration status and consult with an immigration lawyer if necessary.
Outside Canada: Check the marriage laws in the country where the marriage will take place. Canadian divorce certificates are recognized internationally, but you may need translations or notarizations.

Remarrying in a Different Province

Canadian divorce and marriage laws are recognized nationwide, so if you were divorced in one province and wish to remarry in another, it is legally valid. Just ensure you follow the marriage license application process specific to the province or territory where you intend to marry.

Common Questions About Remarrying After Divorce

1. Do I need my ex-spouse’s consent to remarry?

No, once divorced, you do not need the consent or approval of your former spouse to remarry.

2. Can I remarry if my divorce is not yet finalized?

No, you must wait until the divorce is legally final and you possess a Certificate of Divorce.

3. Is there a mandatory waiting period to remarry after divorce in Canada?

No specific waiting period, but you must wait until your divorce is final — typically 31 days after the divorce judgment.

Conclusion

Remarrying after divorce in Canada is a legally recognized and relatively straightforward process, provided that all required documentation and legal steps are completed. While it opens the door to a fresh start and new happiness, it’s important to approach remarriage thoughtfully, considering both legal and emotional aspects.

Whether you're celebrating a new relationship or blending families, being informed and prepared ensures a smoother path forward. If you are unsure about specific legalities or need help with documentation, consult a family lawyer to guide you through the process.