Are Divorce Records Public in Canada?
In Canada, divorce proceedings are handled by the courts and, by default, the records of these proceedings are public. All provinces (aside from Quebec) treat civil court files – including divorces – as public records. This means that if you need to verify the status of a divorce, you have a right to request those records. It’s important to note, however, that while the records are public, they contain personal information, so there are procedures in place to protect privacy.
Courts will not post divorce statuses or documents openly on the internet for anyone to browse. Instead, you must make a formal request or follow certain steps to access the information. In rare cases, a court may seal divorce files (for example, to protect children’s identities or sensitive information), but this requires a special court order and is uncommon.
Key point:If you want to check the status of your own divorce or obtain a divorce certificate, you will need to go through the proper court or government channels – there isn’t a public website that lets you simply search for a person’s divorce status. Similarly, accessing someone else’s divorce record is possible but usually requires that person’s consent or a valid legal reason, due to privacy laws (more on that below).
Finding Divorce Records: Understanding the Process
The process for finding divorce records or confirming a divorce status depends largely on when and where the divorce took place. Divorce laws in Canada changed significantly in 1968 when the federal Divorce Act was enacted, creating a more unified process across provinces. Here’s a breakdown of how to find records based on time periods and resources:
Divorces before 1968 (Historic Records)
Prior to 1968, there was no unified federal divorce law. In fact, between 1840 and 1968, divorces in Canada were granted by private Acts of the Parliament – a process that was lengthy, complex, and expensive. Anyone seeking a divorce in that era had to, for example, publish a notice in the Canada Gazette and in local newspapers for a period of time. If you are researching an old divorce (for historical or genealogical reasons), those notices and Acts of Parliament are key sources. Library and Archives Canada maintains an index of divorces from 1841 to 1968 in its Acts of Divorce database, which references publications like the Canada Gazette and parliamentary records. You would likely need to search those archives or contact Library and Archives Canada for assistance in locating information on a pre-1968 divorce. Keep in mind these older records may not be available online and might require visiting archives or requesting copies of documents.
Divorces from 1968 up to the 1980s
After the Divorce Act came into effect in 1968, divorce filings became more common and were handled by provincial courts. There is a Central Registry of Divorce Proceedings (CRDP) that was established in 1968, which we will discuss in detail in the next section. The CRDP keeps a nationwide index of all divorce proceedings filed in Canada since July 2, 1968. For divorces in the 1970s and early 1980s, many records are now stored in archives or centralized repositories. For example, in Ontario, the Archives of Ontario holds a central record of divorces that took place between 1931 and 1980. Some divorce files from 1981 to 1986 may also be with the Archives, while others remain at the local courthouses where the divorce was originally filed. Other provinces have their own archives for older court records – so if your divorce (or the one you are investigating) was finalized in, say, the 1970s, you may need to contact the provincial archives or the courthouse to retrieve the file. The exact location of the record will depend on the province and even the specific courthouse.
Divorces from the mid-1980s onward
For divorces filed roughly from 1987 to the present, the records are usually held at the local courthouse (court registry) where the divorce was filed and granted. In modern times, when a divorce is granted, the court issues a Divorce Order (also known as a Divorce Judgment), and after a mandatory waiting period (usually 31 days after the judgment), you can request a Divorce Certificate. The divorce certificate is the official document proving that you are legally divorced, and this is what you typically need to show when you want to remarry or need to prove your marital status. To obtain that, you will approach the court that handled the divorce (or use an online request system if available, as in Ontario).
If you are checking the status of a recent divorce (for example, if you filed for divorce and want to see if it has been finalized), the quickest way is to contact the court office where your case is ongoing or was decided.
The court staff can tell you if the divorce has been granted and the certificate is available. If you aren’t sure which court handled the matter – for instance, if you lost track of a long-ago filing or you’re trying to find someone else’s divorce info – this is where the Central Registry comes in handy.
Using the Central Registry of Divorce Proceedings (CRDP)
The Central Registry of Divorce Proceedings (CRDP) is a national database maintained by the federal Department of Justice. It logs every divorce proceeding filed in Canada since July 2, 1968. Think of the CRDP as an index or pointer system: it doesn’t hold the detailed divorce files or the decree itself, but it can tell you whether a divorce was filed for specific individuals, and if so, when and in what court.
This is extremely useful if you need to confirm if and where a divorce took place. For example, if you need to prove that your divorce from years ago was indeed finalized but you don’t have the paperwork, the CRDP can tell you which courthouse has the records and the file number for the case.
What the CRDP provides: The Central Registry can confirm basic details of a divorce case, such as the court location, the court file number, and the year the divorce was filed. What it does not provide: The CRDP will not give you a copy of the divorce order, it will not confirm the status (i.e. whether the divorce was finalized), and it won’t issue certificates. For those, you still must go through the court that handled the divorce. Essentially, CRDP helps you locate the right courthouse and file reference.
How to request information from the CRDP: The CRDP is not an online search tool for the public, but you can request a search through it by either phone or mail. You can call the Central Registry directly (at 613-957-4519, or toll-free 1-800-267-7676 for hearing impaired) to inquire about your divorce status. They will ask for specific information to locate your file. The more common method is to fill out a Search Request Form (available on the Justice Canada website) and mail it to the CRDP office. Yes, this is a bit old-fashioned – you have to print and mail the form; currently, there is no fully online submission for this form, but you can access the form online to print it.
When completing a CRDP search request, be prepared to provide the following details:
- Full names at birth of both spouses (yourself and your ex-spouse, as applicable)
- Dates of birth for both parties
- Date of marriage
- Approximate date of divorce (when the divorce proceedings started or the divorce was granted, if you know it)
- Last known city or court location (if you have an idea of where the divorce was filed, this can help)
Providing as much information as possible will assist the CRDP in finding the correct record. Once they conduct the search, they will inform you of the results (for example, they might send you a letter indicating: Divorce proceeding for [Name] and [Name] filed in [Year] at [Court location], Court File Number XYZ123).
If you’re requesting info about another person’s divorce, note that the CRDP will only release that information if you have that person’s signed consent or if you need the information for a legal purpose. For instance, a lawyer requesting records on behalf of a client might include the client’s consent. Without consent or a legal justification, you generally cannot access someone else’s divorce details due to privacy protections.
Tip: If you know the exact courthouse and year of the divorce, you might not need to involve the CRDP at all – you could go straight to that courthouse (or its website) to request the records or certificate. The CRDP is most useful when you’re unsure where the divorce was filed, such as in cases of older records or if a person lived in multiple places.
How to Get a Divorce Certificate or Confirmation of Divorce Status
Once you know where the divorce was filed and have the key details (court location, file number, names, and date), the final step is to request proof of the divorce. In Canada, the proof that a divorce is finalized is the Divorce Certificate (sometimes called a Certificate of Divorce).
This is an official document issued by the court after the divorce judgment has taken effect, and it simply states that the marriage between Person A and Person B was dissolved on a certain date. If your goal is to check your divorce status, obtaining the divorce certificate is the clear confirmation that you are legally divorced.
Here are the common ways to get a divorce certificate (using Ontario as an example, though other provinces have similar processes):
In person at the courthouse
You can visit the courthouse where the divorce was granted and request a copy of the Divorce Certificate from the court clerk. You will need to provide the names of the parties, the year of the divorce, and ideally the court file number or divorce registry number. If you don’t have the file number or registry number, the staff can sometimes search by name and date, or you can first retrieve that info via the CRDP as described. Courthouse staff will locate the file and issue you an official stamped Divorce Certificate. If you no longer live near the courthouse, you can contact them by phone for instructions – often, they will direct you to mail in a request.
By mail to the courthouse
If an in-person visit is not practical, you can send a written request or a specific form to the courthouse and have them mail back the certificate. In Ontario, you would fill out Form 36B: Certificate of Divorce and mail it to the courthouse that handled the divorce. Along with the form, you typically need to include identification, the required fee (e.g., a cheque or money order), and a self-addressed return envelope. The court will then process the request and send you the certificate by mail.
Online through a government portal
Some provinces offer online services to request court documents. In Ontario, for example, you can request a divorce certificate online through the Justice Services Online portal (using the ONe-key login system). You create an account, submit an electronic request for a Divorce Certificate (providing the case details), and pay the fee online. The court will then either mail you the certificate or notify you when it’s ready for pickup. Keep in mind that this online option is available only if you know the courthouse and case details; it’s essentially a convenience for ordering the document without going in person, but it doesn’t search for your divorce for you.
Fees and timeline
There is a small fee for obtaining a divorce certificate. In Ontario, the fee is $24. Other provinces have fees in a similar range. You can usually pay by credit card or debit if you’re in person or using an online system, or by cheque/money order if mailing a request. Once the request is received by the court, processing times can vary – often it takes a few days to a couple of weeks to receive the certificate.
If you are in a hurry and able to visit in person, you might get it the same day from the courthouse. If you cannot afford the fee, Ontario courts allow you to apply for a fee waiver in cases of financial hardship (you have to fill out a fee waiver request form and have it approved by the court).
What if I just want to know the status, not necessarily get the certificate right now? In some cases, you might just be curious if the divorce has gone through. For example, maybe you applied for a divorce and haven’t received the final order yet, or you’re unsure if your ex-spouse ever finalized the process. In such situations, you can simply contact the court office with your file number or names and ask for an update on the case.
The court staff can usually tell you if the divorce judgment has been issued or if anything is pending. As noted above, if you don’t know which court to ask, use the CRDP to find out which court has the divorce file. Once you have that, a phone call to the courthouse can often confirm if the divorce is finalized. Ultimately, if it is finalized, you’ll eventually need the certificate as proof, but knowing the status quickly can be achieved with a direct inquiry to the court.
Privacy Considerations and Access Restrictions
While divorce files are public records in Canada, accessing them still involves privacy considerations. You can always access your own divorce records by following the steps outlined (since you are a party to the case). However, if you are attempting to obtain someone else’s divorce information, additional rules apply. Generally, you will need that person’s consent or a valid legal reason to get the details of another person’s divorce. For instance, a lawyer might obtain records on behalf of a client who needs to verify a prospective spouse’s previous divorce (with consent), or you might need proof of a parent’s divorce for an estate or genealogy project. The CRDP’s Search Request and Consent form has a section for the other party to sign if you are requesting information on another person’s behalf.
If no consent is provided, the authorities will likely not release the information to you unless you can demonstrate it’s legally required (for example, a court order, or you are a government official processing a related application). This is because, even though the fact of a divorce is public, the details in the file (addresses, financial information, etc.) are considered personal. In short, you can check your own divorce status relatively easily, but you can’t freely snoop on someone else’s divorce. The proper channels and permissions must be in place.
It’s also worth reiterating that Quebec handles records differently. Quebec has its own civil law system and does not make court records as readily accessible to the public as other provinces. If your divorce took place in Quebec, you would typically contact the courthouse or the provincial archives for guidance, and you may face stricter privacy rules.
Getting Help from a Lawyer (When in Doubt)
Navigating the process of finding divorce records can sometimes be time-consuming or confusing—especially if it’s an old case or you’re missing information. If you’re not sure where to start, or you need the divorce confirmed quickly for an urgent reason (like an upcoming wedding where you must show a divorce certificate), consider reaching out to a divorce attorney for assistance. An experienced divorce attorney can help by contacting the right agencies, completing the forms correctly, and following up to obtain the documents on your behalf. They are also familiar with the rules about consent and privacy, so they can advise if you’re trying to get records of someone else’s divorce for a legitimate reason.
At Sutton Law in Richmond Hill, Ontario, our family law team is available to assist with issues just like this. We can guide you through checking the status of your divorce, help you obtain your divorce certificate, or answer any questions about the process. Obtaining divorce records often involves multiple steps and agencies, and we have the expertise to streamline the process for you.
Bottom Line
Verifying a divorce status in Canada typically involves contacting the court system rather than simply clicking a link online. By using resources like the Central Registry of Divorce Proceedings and following up with the appropriate courthouse, you can confirm if and when a divorce was finalized and get the official documentation you need. Remember that while the fact of divorce is public, the process respects personal privacy – so you’ll need to go through the proper steps to access the information. If you need help or advice at any stage, don’t hesitate to seek legal guidance. With the right approach, you can obtain your divorce information and certificate efficiently and with confidence in its accuracy.”