Divorce Certificate Ontario: How to Get Form 36B, Not From ServiceOntario

An Ontario divorce certificate, Form 36B, is issued only on request, by the court that granted the divorce, under section 12(7) of the federal Divorce Act. It is not mailed automatically, and it does not come from ServiceOntario or the Office of the Registrar General. The fee is $25.

Information last verified on 2026-08-16. This article has not yet been reviewed by a licensed lawyer.

This article covers how to request a certificate of divorce, Form 36B, for a divorce granted in Ontario under the federal Divorce Act, RSC 1985, c 3 (2nd Supp). It does not cover the divorce process itself, including grounds, filing, the Mandatory Information Program, or property division; for that, see divorce in Ontario and dividing property on divorce.

The Certificate Is Not the Order, and Nothing Issues It Automatically

A divorce takes effect on the thirty-first day after the judgment is rendered, under section 12(1) of the Divorce Act; see divorce in Ontario for how that waiting period and the underlying court process work. The signed divorce order itself is mailed to both spouses once it is entered, without either spouse having to request it separately.

The certificate of divorce is a different document. Section 12(7) states that a judge or officer of the court that rendered the judgment "shall, on request, issue to any person a certificate that a divorce granted under this Act dissolved the marriage of the specified persons effective as of a specified date." The word "request" is doing the legal work: nobody receives this certificate unless they ask for it. Section 12(8) then gives the certificate its practical value, calling it, or a certified copy of it, "conclusive proof of the facts so certified without proof of the signature or authority of the person appearing to have signed the certificate," which is why institutions across Canada treat it as the definitive record of a divorce.

Because divorce is federal jurisdiction carried out through the provincial Superior Court of Justice, the certificate does not come from ServiceOntario or the Office of the Registrar General, the office that issues Ontario's birth, death, and marriage certificates under the Vital Statistics Act. Ontario's own guidance confirms the certificate is a court document: a request goes to "the court location where your case started," and Toronto's municipal government states plainly that "a Certificate of Divorce for a divorce granted in Toronto can be obtained at the Superior Court of Justice, 361 University Avenue."

Requesting Form 36B: What You Need and How to Apply

If your divorce was filed after July 2, 1968, Ontario's court-documents page sets out exactly what you need to request Form 36B: the court location, the court file number, and the year the divorce was granted. With that information, you can request the certificate three ways: online using an Ontario.ca Login, in person at the courthouse, or by mail to the courthouse.

You can also send a representative in person on your behalf. If someone else is requesting the certificate for you, the court additionally needs the court file number, the names of both parties, the date of the divorce, and the requesting person's name, address, and telephone number. Requests tied to older court files may take longer to process. For copies of other documents in your case, not just the certificate, such as a specific court order or a filing from the continuing record, see court records in Ontario.

The $25 Fee

A certificate of divorce costs $25, confirmed on two separate ontario.ca pages: the dedicated court-documents page states it directly, and it matches item 6 of the Superior Court of Justice's family-proceedings fee tariff, "on the issue of a certificate with not more than five pages of copies of the Court document annexed," made under the Administration of Justice Act. Both pages were last updated within weeks of each other in 2026, which is a stronger currency signal than either alone. You can pay by Mastercard, Visa debit card, or, if applying by mail, cheque or money order made payable to the Minister of Finance.

Do not confuse this fee with the separate $10 federal charge under the Central Registry of Divorce Proceedings Fee Order, which anyone filing a divorce application or answer pays at the time of filing to fund the CRDP's duplicate-proceeding check. That fee is paid once, when the divorce is filed; the $25 certificate fee is paid later, whenever someone actually requests the certificate, and can be paid more than once if you need additional certified copies.

If You Do Not Know Which Court Granted Your Divorce

The Central Registry of Divorce Proceedings keeps a nationwide index of divorce applications filed after July 2, 1968. If you cannot remember which court processed your divorce, the CRDP can tell you the court's location, and it may give you a reference number to pass along to court staff to help them locate your file. This search is free: the CRDP's own request form states that "the Department of Justice Canada was not involved in the reproduction of this form and the CRDP does not charge any fees for processing a request for information from a member of the public." You can reach the Registry at 613-957-4519 (TTY 1-800-267-7676).

What the CRDP cannot do is act as a substitute for the courthouse. Ontario's own guidance is explicit: "The Registry cannot give you detailed information about your divorce, including the status of your divorce proceeding, your court file number, or a copy of your divorce certificate. You must contact the court office for this information." Treat the CRDP as a directory service that points you to the right court, not a source for the certificate itself.

Which Document Counts as Proof of Divorce for Remarriage

If you plan to remarry in Ontario and were previously divorced, you need to bring proof of the divorce when you apply for a marriage licence. The two official sources on this do not fully agree, and this article reports that conflict rather than resolving it. Ontario's provincial guidance lists three acceptable documents: the final decree, the final judgment, or a certificate of divorce, and separately notes that "a divorce order issued by a judge is not the same as a certificate of divorce which acts as the proof of a divorce." Toronto's municipal marriage-licence office, which actually issues the licences within its jurisdiction, states a narrower list: only a certificate of divorce or a final decree (decree absolute) is accepted, and specifies that "a Decree Nisi, a Divorce Judgment or a Divorce Order are not acceptable documents to prove divorce in Canada." Photocopies are not accepted at either source; you need the original or a court-certified copy. For marriage-licence document requirements generally, see vital records in Ontario.

Because the certificate of divorce is the one document both sources accept, it is the safest choice regardless of which licence office you use. If you plan to rely on a decree or judgment instead, call your specific municipal licence office first to confirm it will be accepted; this article did not verify whether municipalities other than Toronto follow the province's broader list or Toronto's narrower one.

If Your Divorce Was Granted Outside Canada

A foreign divorce certificate is not automatically accepted for an Ontario marriage licence. Ontario's guidance describes a separate authorization process: you send a completed Marriage Licence Application form, a Statement of Sole Responsibility signed by both people planning to marry and a witness, a Legal Opinion Letter from an Ontario lawyer addressed to both people explaining why the foreign divorce or annulment should be recognized in Ontario, and a copy of the divorce decree or annulment itself, in English or French, or with a certified translation and the translator's affidavit if it is not. Ontario states this process can take up to four weeks. This article covers only what Ontario's own guidance states about the process; it does not address immigration or sponsorship uses of a foreign divorce record, which involve separate federal requirements not verified here.

Older and Archived Divorces

Where your divorce records sit depends on when the divorce was granted. Before 1931, divorce in Canada generally required a private Act of Parliament rather than a court judgment; Ontario's pre-1931 divorce records are held by Library and Archives Canada, not Archives of Ontario or any courthouse. From 1931 to 1980, and for selected files from 1981 to 1986, Archives of Ontario holds the divorce files, including an index specifically covering divorces granted between June 1949 and June 1968. This holdings information comes from Archives of Ontario's own site; the direct fetch of that page was blocked by the site's bot protection, so it was independently confirmed through a secondary retrieval method and corroborating search results rather than a direct page load, a moderate-high rather than the highest confidence level.

For divorces after July 2, 1968, the certificate still comes from the courthouse that granted it, with the CRDP available to help locate the correct court, as described above. Ontario's guidance notes only that older requests "may need" a referral to Archives of Ontario, without stating a fixed cutoff year or a file-retention schedule; no primary source setting out Ontario's court-file retention or destruction timeline for divorce files was found for this article, so none is stated here.

Disclaimer

This article is informational only and is not legal advice. It does not cover the distinction between Form 36B and the related Form 36A, Certificate of Clerk (Divorce), since no primary source explaining that difference was located. It does not state a fixed retention or destruction schedule for older Ontario divorce files, because none was found.

It does not confirm whether municipal marriage-licence offices other than Toronto follow the province's broader document list or Toronto's narrower one, and it does not verify specific document requirements for updating a driver's licence, health card, or immigration sponsorship file using a divorce certificate. Confirm current requirements directly with the relevant court, ServiceOntario office, or a licensed lawyer before relying on any figure or process described here.

Frequently Asked Questions

How do I get a copy of my divorce certificate in Ontario?

Request Form 36B, the Certificate of Divorce, from the court that granted your divorce. You need the court location, court file number, and the year the divorce was granted. You can request it online with an Ontario.ca Login, in person at the courthouse, or by mail, for a $25 fee.

Can I get a divorce certificate from ServiceOntario?

No. Divorce is federal jurisdiction handled through Ontario's Superior Court of Justice, not the Office of the Registrar General. ServiceOntario and Vital Statistics issue birth, death, and marriage certificates, but they do not issue divorce certificates.

How much does an Ontario divorce certificate cost?

$25, confirmed on Ontario's dedicated court-documents page and matching item 6 of the Superior Court of Justice's family-proceedings fee tariff. Payment can be made by Mastercard, Visa debit card, or, for mail requests, cheque or money order payable to the Minister of Finance.

Does my divorce certificate arrive automatically after my divorce is finalized?

No. Under section 12(7) of the Divorce Act, a certificate of divorce is issued only on request. What arrives automatically once the divorce takes effect is the signed divorce order, mailed to both spouses, which is a different document from the certificate.

What if I do not know which court granted my divorce?

Contact the Central Registry of Divorce Proceedings at 613-957-4519. It keeps a nationwide index of divorces filed after July 2, 1968 and can tell you which court has your file, free of charge, but it cannot issue or copy the certificate itself.

What document do I need to prove my divorce when applying for a marriage licence in Ontario?

Ontario's provincial guidance accepts a certificate of divorce, final decree, or final judgment. Toronto's municipal marriage-licence office accepts only a certificate of divorce or a final decree, and explicitly excludes a divorce judgment or order. Because the two sources disagree, bring the certificate of divorce and confirm with your specific licence office if using another document.

What if my divorce was granted before 1968 or is very old?

Divorce in Canada before 1931 generally required a private Act of Parliament rather than a court judgment, and Ontario's pre-1931 divorce records are held by Library and Archives Canada. Archives of Ontario holds files from 1931 to 1980, plus selected 1981 to 1986 files. Divorces from July 2, 1968 onward are indexed through the CRDP, but the certificate still comes from the original courthouse.

What if I was divorced outside Canada?

A foreign divorce certificate alone is not automatically accepted for an Ontario marriage licence. Ontario requires a completed Marriage Licence Application form, a Statement of Sole Responsibility, a Legal Opinion Letter from an Ontario lawyer explaining why the foreign divorce should be recognized, and a copy of the divorce decree or annulment itself (in English or French, or with a certified translation and translator's affidavit if not), sent to ServiceOntario, a process that can take up to four weeks.