Certificate of Divorce in BC: When You Can Remarry

Author: SiLaw Group Family Lawyers
Published: Sep 21, 2026

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Here is the short answer. A divorce in British Columbia takes effect on the thirty-first day after the day on which the judgment granting it is rendered (Divorce Act, s. 12(1)). You can remarry once the divorce takes effect, and to get a marriage licence you will need one more document: the Certificate of Divorce, which the court issues on request once the divorce is effective (s. 12(7)). This post explains how the 31-day count works, why the wait exists, and how to get the certificate from the court registry.

The divorce order starts a 31-day clock

When the BC Supreme Court grants a divorce, the order does not end the marriage that same day. Under section 12(1) of the Divorce Act, the divorce takes effect on the thirty-first day after the day on which the judgment granting the divorce is rendered.

Nothing needs to be filed to make that happen. The effective date arrives automatically: you do not apply for it, pay for it, or attend anywhere. Until that day, though, you are still legally married, because a divorce only dissolves the marriage when it takes effect (s. 14).

The count starts the day after the judgment is rendered. If your divorce order is granted on March 1, the thirty-first day after it is April 1, and that is the day your divorce takes effect.

Why the law makes you wait

The waiting period is built around the time to appeal, and two parts of section 12 make that link explicit. A court may order an earlier effective date only where it finds special circumstances and both spouses agree and undertake that no appeal from the judgment will be taken, or any appeal already taken has been abandoned (s. 12(2)). And if an appeal is pending when the 31 days run out, the divorce does not take effect until the appeal is resolved and the time for any further appeal has expired (s. 12(3)).

In other words, the marriage is held open long enough for either spouse to challenge the judgment, and it only dissolves once that possibility has passed. For most uncontested files this is academic. Nobody appeals an order both spouses asked for, so the 31 days pass quietly and the divorce takes effect on schedule. If you are curious how an undefended divorce reaches that order in the first place, our complete guide to divorce in BC walks through the whole journey.

The order and the certificate are different documents

The divorce order is the judgment the court grants. The Certificate of Divorce is a separate document that certifies the marriage has been dissolved. Once a divorce takes effect, a judge or officer of the court that granted it shall, on request, issue a certificate that the divorce dissolved the marriage of the named spouses effective as of a specified date (s. 12(7)). The certificate, or a certified copy of it, is conclusive proof of those facts (s. 12(8)).

The distinction matters most when you want to remarry. To be issued a marriage licence after a divorce, you need to prove the divorce is final, and the Certificate of Divorce is the document to produce. The order on its own shows that a divorce was granted; the certificate confirms the marriage has been dissolved and states the effective date. Get the certificate before you book anything that depends on the wedding date.

How to request your Certificate of Divorce

You request the certificate from the registry of the BC Supreme Court where your divorce was granted. A few practical pointers:

• Wait until the divorce has taken effect. The registry certifies a dissolution that has already happened, so the request only works from the thirty-first day onward.
• Have your court file number ready. It appears on your divorce order and the other documents in your file.
• Confirm the current fee with the registry. Court fees change from time to time, so check before you attend or send someone.
• You do not have to go personally. Section 12(7) says the certificate is issued on request to any person, so your lawyer or an agent can obtain it for you.

If you handled your own desk order divorce using our step-by-step DIY guide, requesting the certificate is the natural last step of that process.

Two things the certificate does not change

First, the certificate is proof, not a trigger. The divorce took effect automatically on the thirty-first day whether or not you ever request the certificate. You only need the document when someone asks for proof, and remarrying is the most common occasion.

Second, the divorce ends the marriage, not the deal you made. Parenting, support, and property terms live in your court order or separation agreement, and they continue to apply after the divorce takes effect. If those terms were never properly settled, getting the certificate does not tidy that up.

Frequently asked questions

Can we remarry on day 30?

No. The divorce takes effect on the thirty-first day after the day the judgment is rendered, not the thirtieth (s. 12(1)). Until it takes effect, you are still legally married to your former spouse (s. 14). Count carefully from the day after the order was granted, wait for the effective date, and obtain the Certificate of Divorce before finalizing wedding plans.

What if I lost my Certificate of Divorce?

Ask the registry of the court that granted the divorce to issue another one. Section 12(7) requires a judge or court officer to issue the certificate on request, and a certified copy carries the same weight as conclusive proof of the divorce (s. 12(8)). Bring or quote your court file number to speed up the search.

We were married outside Canada. Can we divorce and remarry here?

Yes. A BC court can divorce a marriage performed anywhere in the world. The core requirements are the same for everyone: breakdown of the marriage (Divorce Act, s. 8) and at least one spouse habitually resident in British Columbia for at least one year immediately before the proceeding (s. 3(1)). If you plan to remarry in another country, ask the authorities there what proof they require; the Certificate of Divorce is the Canadian document that certifies the dissolution.

Do I need the certificate if I am not remarrying?

Not right away. The divorce takes effect automatically, and no further step is required to be divorced. The certificate is simply the proof document, so many people obtain it when a marriage licence issuer, a foreign authority, or an institution asks for it. Since the registry issues it on request at any time after the effective date, there is no deadline to worry about.

Finish the divorce properly, then enjoy the wedding

If your divorce is not underway yet and you and your spouse agree on everything, our uncontested divorce service handles a simple desk order divorce for a flat fee of $2,200 plus GST and PST (as of August 2026), with court filing fees separate. If you are mid-process and unsure whether your paperwork will get you to a divorce order, we can review where things stand.

Book a free consultation or call (778) 381-9977. The first 30 minutes are free, in English or Punjabi.

This post is legal information, not legal advice.