Getting Remarried in Canada: What You Need to Know First
Your Certificate of Divorce is the key document. Without it, your new marriage is void. Here's what you must do before you say "I do" again.
Quick Answer
You can only remarry once your Divorce Order is final — on the 31st day after the judge signs it. You will need your Certificate of Divorce to remarry. Planning a wedding before this date can result in a void marriage.
Understanding the Certificate of Divorce
This is the single most important document for remarriage. Here's what you need to know.
What It Is
The Certificate of Divorce is an official court document that proves your marriage has been legally dissolved. It is issued by the court clerk after the 31-day appeal period expires.
Important: Your original marriage certificate is not returned. The court keeps it permanently.
How to Obtain It
- Wait until day 31 after the Divorce Order is signed
- Request it from the court clerk (usually automatic)
- Processing time: 2-4 weeks by mail
- Keep multiple certified copies for your records
Processing Times
Why You Need It
Marriage officiants in Canada are legally required to verify that you are free to marry. Without a Certificate of Divorce, they cannot proceed.
If you remarry before your divorce is final, your new marriage is void — meaning it never legally existed.
Legal Requirements Checklist
Follow these steps in order to ensure your remarriage is legally valid and financially protected.
Confirm Divorce is Final
Wait until day 31 after the judge signs the Divorce Order. This is the earliest date you can legally remarry.
Obtain Certificate of Divorce
Request your Certificate of Divorce from the court clerk. Keep multiple certified copies for your records.
Check Spousal Support Obligations
Review your separation agreement or court order. Your remarriage may affect existing support obligations.
Update Your Will
Marriage automatically revokes your existing will in Ontario. Draft a new will before remarrying to avoid intestacy.
Update Beneficiaries
Review and update beneficiaries on life insurance, RRSPs, pensions, and TFSAs. Marriage does not automatically update these.
Consider a Marriage Contract
Protect assets from your first marriage, especially if you have children. A marriage contract must be signed before the wedding.
Critical Timing Warning
Do not book a venue, send invitations, or plan a wedding date until you have confirmed your divorce is final on day 31. Many couples make this mistake and face legal complications.
How Remarriage Affects Spousal Support
Remarriage has different legal consequences depending on whether you are the recipient or the payer.
If You Are Receiving Support
Your remarriage usually terminates your entitlement to spousal support. This is because you now have a new spouse with a legal duty to support you.
You must notify your ex-spouse immediately. Failure to do so can result in a claim for repayment of support received after remarriage.
- Support typically ends on the date of remarriage
- Some agreements have "cohabitation clauses" that end support earlier
- Lump-sum support is usually not affected
If You Are Paying Support
Your remarriage does not automatically terminate your obligation to pay spousal support. However, it may be grounds for a Motion to Change.
You must prove a "material change in circumstances" to reduce or terminate support. Remarriage alone is not enough.
- New spouse's income is usually not considered
- New children may reduce your ability to pay
- Courts balance obligations to both families
Motion to Change Process
File Motion
File Form 15 (Motion to Change) with the court
Serve Ex-Spouse
Serve documents and wait for response
Disclose Finances
Update financial statements (Form 13/13.1)
Court Hearing
Judge decides if support should change
4 Common Remarriage Mistakes
These errors can have serious legal and financial consequences. Don't let them derail your fresh start.
Planning Wedding Before Day 31
Booking venues, sending invitations, or setting a date before your divorce is final can result in a void marriage and financial losses.
Consequence: Your marriage will be legally void, requiring you to remarry after the divorce is final.
Not Updating Your Will
Marriage automatically revokes your existing will in Ontario. If you die without a new will, your estate will be distributed under intestacy rules.
Consequence: Your new spouse inherits everything, potentially disinheriting children from your first marriage.
Forgetting to Update Beneficiaries
Life insurance, RRSPs, pensions, and TFSAs do not automatically update when you remarry. Your ex-spouse may still be listed.
Consequence: Your ex-spouse could receive your life insurance payout instead of your new spouse.
Not Considering a Marriage Contract
Without a marriage contract, your new spouse has equal rights to property accumulated during the marriage, including assets you want to protect for your children.
Consequence: Assets intended for your children could be divided with your new spouse in a future divorce.
Protect Yourself Before Remarrying
A family lawyer can help you navigate these issues before you remarry. We can draft a marriage contract, update your will, and ensure all legal requirements are met.
Remarriage FAQs
Common questions about remarrying in Canada after divorce.
You can remarry on the 31st day after the judge signs your Divorce Order. This is when your divorce becomes final. Do not plan a wedding before this date, as your marriage will be void.
Related Resources
More guidance on divorce, remarriage, and estate planning.
What Is the Process of Uncontested Divorce?
Learn about the desk divorce process and how to obtain your Certificate of Divorce.
The Divorce Trap: Will Revocation
Understand how marriage automatically revokes your will and what happens if you die without updating it.
Top Tips for Creating Marriage Contracts
Protect your assets and clarify financial expectations before remarrying.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor guides clients through the legal complexities of remarriage, ensuring all documentation is in order and assets are protected before saying "I do" again.
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