Steps to Remarry Following a Divorce: Essential Steps From Family Lawyers in Calgary
When it comes to remarriage after a divorce in Canada, time plays a crucial role as both a healer and a regulator. The period between your divorce and the possibility of a new marriage can be filled with various complexities and legal nuances.
The key is to balance personal readiness with legal formalities. From finalizing your divorce to updating crucial legal documents, our lawyers at Jones Divorce & Family Law in Calgary have created this guide for all the essential timelines and requirements for a smooth transition to saying “I do” again.
Obtain Your Divorce Certificate If You Intend to Remarry
In order to remarry in Canada, you need to be legally divorced. In order to be legally divorced, you need to apply for a divorce through the courthouse that has jurisdiction over your proceedings.
The most typical way to apply for a divorce is to be separated from your spouse for a period of one year. While there are other ways to obtain a divorce, they are much less common. In some cases, divorces can be granted as soon as this one-year mark is up if the parties have reached an agreement with respect to the division of their property, parenting, spousal and child support and any other relevant corollary issues. If your separation is contentious, this can take much longer than a year, and you will be required to wait until the issues are resolved before obtaining your divorce certificate.
It is also important to note that the wheels of justice turn slowly, and it generally takes about 2 – 3 months to obtain your divorce certificate once the desk divorce package has been submitted to the courthouse for filing. As such, if you intend to remarry, it is imperative that you advise your legal counsel as soon as you make this decision so that they are aware of the timeline and can do their best to assist you.
That said, your legal counsel cannot guarantee an outcome and cannot speed up certain legal proceedings or courthouse wait times.
Key Things to Remember
- In Canada, you can remarry after waiting at least 31 days after the divorce judgment is granted.
- You must provide legal proof of divorce before remarrying.
- Court processes, including no-fault divorces, may be required for remarriage.
- Remarriage is permitted once the court has officially granted your divorce and the 31-day waiting period has lapsed.
Severing the Divorce from Corollary Relief
In certain circumstances, a party can apply to the court to have the corollary issues severed from the divorce. This means that the divorce can be granted without resolving certain issues such as child support, spousal support, parenting, etc.
One party must file an application and affidavit explaining why this is necessary. The court will determine if granting the order to sever corollary relief is “fair in circumstance.” A common reason for asking for the divorce to be severed is if the parties are in a highly contentious battle and cannot reach an agreement on some or all issues, and remaining married is detrimental to their well-being.
However, court orders to sever a divorce from corollary relief are not always granted. The court may find that severing the divorce will be highly prejudicial to one of the parties or to the children of the marriage.
Alberta Man’s Request to Sever Divorce Denied
This is precisely what happened in Alberta in the summer of 2020. The husband applied to have the divorce severed from corollary relief as he intended to remarry and needed his Certificate of Divorce to proceed with his upcoming nuptials. The Court denied this request as the parties had not been able to resolve the issue of spousal support, and the husband had not been forthcoming with providing all of his financial disclosure.
The Court determined that since the husband did not provide the necessary disclosure, the wife was prejudiced from pursuing her spousal support claim and that by severing the divorce, the husband may choose not to deal with this issue once the divorce is granted. The husband repeatedly applied to the court to have the divorce severed, and eventually, he was ordered to pay costs in the amount of $6,700 for abuse of the system and failure to provide his disclosure.
How Jones Divorce & Family Lawyers in Calgary Can Help
Remarrying after a divorce is a significant step that requires careful consideration, preparation and the assistance of an experienced family lawyer.
If you are in the process of divorce and wish to remarry, our experienced lawyers at Jones Divorce & Family Law can assist you in finalizing your divorce and assisting with any pre-nuptial agreements you may require. Our team of experienced family lawyers in Calgary are here to help you navigate the complexities of remarriage and ensure your new beginning is successful.
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Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.
