Area of Law: Family Law
Answer # 134
Getting remarried after a divorceRegion: Ontario Answer # 134
If divorced in Canada
If you or your future spouse has been previously married, in order to marry again, Ontario law requires you to prove that you have been legally divorced. In order to do this, you must provide an original, or a court-certified copy of one of the following two documents:
- the Final Decree (also known as a Decree Absolute),
- the Final Judgment, or
- a Certificate of Divorce.
All of these documents can be obtained from the court where the divorce proceedings took place. Once the proof of your, and/or your future spouse’s divorce has been established, you can apply to be married using the usual process required in Ontario.
If divorced outside Canada
If you or your future spouse was divorced outside of Canada, you must obtain authorization from the government before you can be issued a marriage licence.
To get this authorization, you need the following four documents:
- A completed marriage licence application form,
- A Statement of Sole Responsibility for each divorce signed by both you and your future spouse,
- An original or court-certified copy of the divorce decree or annulment, translated into English or French (if applicable), and
- A legal opinion letter from an Ontario lawyer, addressed to both you and your future spouse, giving reasons why the divorce or annulment should be recognized in the province of Ontario.
You must send all of these documents to:
P.O. Box 4600
189 Red River Rd.
Thunder Bay, ON P7B 6L8
For more information about what is required to get married in Ontario, refer to the Getting Married topic of this website, or visit the Ministry of Government and Consumer Services website at ontario.ca.
Getting the legal help you need
If you are considering getting remarried after a divorce, or living common-law, many couples now seek legal advice and often enter into pre-nups (marriage contracts) or cohabitation agreements, which set out what will happen should the relationship fail. It is advisable to get the legal help that’s right for you. If you are considering representing yourself in a family law matter, you may wish to get help from The Family Law Coach. Their experienced family law lawyers can provide information, legal assistance, advice and practical tips to help you prepare your case and improve your outcome. They provide specific services for fixed prices, and you only pay for the services you want. If you are considering hiring a lawyer to represent you, for legal advice and assistance when getting remarried after divorce, and other family law matters, contact a family law lawyer.
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