The Divorce Order
The divorce order is the court's actual legal judgment ending a marriage. It's made by a judge once the court is satisfied that the legal requirements for divorce have been met — generally, that the spouses have been living separate and apart for at least a year, or that another recognized ground applies. See our full guide to divorce in Ontario for how that process generally works.
Importantly, the divorce order doesn't take effect immediately. It generally becomes final 31 days after the judge signs it, to allow time for a possible appeal. Until that period passes, the marriage is not yet legally over.
The Divorce Certificate
The divorce certificate is a separate, shorter document that simply confirms the divorce order has taken effect and the marriage is legally over. It's generally requested after the fact, from the court registry that granted the divorce, using a request form and fee. See our guide to how to get a copy of your divorce certificate for the request process.
Which One Do You Actually Need?
Generally, you'll already have a copy of the divorce order once your divorce is granted, since it's part of your court file and typically provided to you (or your lawyer) as part of the process. The divorce certificate becomes relevant later, when a third party — like a marriage registrar, a bank, or a government office — specifically asks for proof the divorce is final, rather than the order itself.
Frequently Asked Questions
Do I automatically get a divorce certificate when my divorce is granted?
Generally, no. You generally receive the divorce order itself as part of your file; the certificate is a separate document you request afterward, once the order has taken effect.
Which document do I need to remarry in Ontario?
Marriage registrars generally ask for proof the divorce is final, which is typically the divorce certificate rather than the order itself — confirm with the specific registrar what they require.
Is the divorce order public?
Court records in family matters generally have more restricted public access than other court files, reflecting the sensitivity of family law proceedings.
How soon after my divorce is granted can I get a certificate?
Generally only after the divorce order takes effect, which is typically 31 days after it was made, to allow for a possible appeal.
What if I've lost my divorce order?
You can generally request a copy or a replacement certificate from the court office that granted the divorce; requirements and fees can vary by location.