Approximately 40 percent of marriages in Canada end in divorce1. Therefore, many Canadians consider remarrying in their lifetime. If you have a new partner and wish to remarry, there are a few legal and social steps to consider.
In Canada, you can remarry in a civil ceremony as long as the first marriage was dissolved by divorce, annulment, or death of the previous spouse. However, it is important to note that you must be fully divorced before remarrying, which means you must first obtain a certificate of divorce. Certificates of divorce are usually provided in a file approximately one month after the judgment of divorce is rendered and the appeal period of 30 days has elapsed. Some couples who separate never divorce, but if you want to marry a new partner, you must be divorced first, as it is illegal in Canada to be married to more than one person at the same time.
If you want to remarry in a religious ceremony, it is important to verify with your religious officiant whether this is possible, as some religions do not allow remarriage after divorce. For example, the Catholic church typically does not allow religious marriages after divorce provided the other spouse is still alive, and the marriage was never annulled.
Annulment is the legal process whereby a marriage is dissolved as if it never happened, due to reasons such as coercion, fraud, or lack of consent. For example, if one of the spouses was already married at the time of marriage or if the marriage was used strictly for immigration purposes, it may be annulled.
If you have children, it is important to consider how you will introduce them to your new partner before considering remarriage. We suggest beginning with an open conversation about your new relationship and provide your children with space to ask questions and to share their feelings. Introductions should be gradual and start well before you intend to marry your new partner. Some parents opt to include their children in their marriage ceremony with their new partner, for example by asking them to be in the wedding party or to give a speech. These decisions provide an opportunity for the children to feel involved in your family’s next chapter.
1 Canadian Department of Justice, “Parental Authority and Travel with Children,” (webpage), online: https://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/anlsc-elnej/p3_02.html (accessed November 13, 2024).
