Can You Remarry The Same Person After Divorce Under Canadian Law

It’s common for divorced people to get caught in nostalgia and crave each other’s company. It’s even more common for couples with children to get back together to ensure their future. And in Canada, the law treats remarriage between the same person as a regular marriage.

Couples planning a re-partnership are meant to follow the same procedures that guide a regular courtship. From paperwork to steps involved, the Family Act hasn’t introduced a separate proceeding, except for a few additional attachments that include divorce records and settlement measures.

It’s still essential for the remarrying partners to consider the concussions, set their contracts right, have financial discussions, and watch out for complications. This article will elaborate on:

• Remarriage system in Canada
• Requirements for remarriage
• Remarriage considerations
• Resulting emotional and financial impact
• Ramarriage process
• Repercussions and negative effects

What Are The Legal Requirements To Remarry The Same Person

The law doesn’t prohibit two people who were once married to tie the knot for a second time. It can be an immediate decision after the divorce. Or one of the spouses may have been married to a third person in the meantime. Whether the case, the law is quite straightforward. It only requires them to ensure:

Divorce is Finalized

A finalized divorce is when it is authorized by the court, following a one-year separation period. Notably, the year-long separation is a prerequisite to appealing a divorce. Before uttering the oath again, couples must have valid divorce papers signed and prepared.

If the divorce is not finalized, a year-long separation doesn’t invalidate a marriage. In such cases, reassured couples can continue without a second wedding.

Marriage License Requirements

The law ensures that neither spouse is living with someone else, whether through a regular marriage, a Civil Union, or a Common Law.

The unmarried or single status is certified through a marriage license. Either it’s the first time or the second, this license is a mandatory submission.

Legal Considerations Before Remarrying Your Ex-Spouse

A divorce, beyond a partition, is a settlement of properties, custody, and finances. A past record means that there is already an agreement in place regarding property ownership and allowances for child and spousal support. Ignoring it may lead to future complications.

Here is what to consider:

Property And Financial Implications

Get it straight. Remarriage not only re-establishes the relationship. It may change the ownership of the properties settled in the past. The finances and debts may turn into joint accounts and common liability, but they will come in new contracts and conditions.

Child Custody And Support Considerations

Some terms in the child support may still be in order even after a remarriage, while others may take effect. A remarriage doesn’t exclude parents, biological or foster, from performing their responsibilities in the best interest of the children. For a circumstantial change, like moving in together, renouncing addictions, and children coming of age, custody terms can be reviewed, but it will require a formal application. 

Estate Planning And Beneficiary Designations

Divorce strikes through the ex-partner’s name from the beneficiary list. To re-enlist, you have to rewrite wills and update insurance and retirement plans. A spouse who has gained properties from the death of their past partner will have to share them once they remarry. So, it’s crucial to look into the estate plans of both sides before finalizing the marriage contract.

Emotional And Practical Considerations

A marriage derives worth from physical, financial, emotional, and spiritual involvement between two partners. When an unfortunate event, like a divorce, comes into the context, resolving misunderstandings, traumas, afflictions, and disappointments is something you shouldn’t procrastinate on.

Show or ensure that what pushed the first marriage to the edge is taken care of, or it won’t come up in your future discussions to make it bitter and contentious. If a sudden realization of loss is the reason for your recoupling, make it more secure by forgiving, accepting, and reassessing each other’s shortcomings.  

Statistics About What Percentage Of People Remarry Their Ex-Spouse

Here is a peek into the data brought forth by studies to give you a hint at some crucial points relating to marrying an ex. It will help further clarify any confusion:

• Only 10 to 15% of separatees reconcile
• Retracing the nuptial relationship between former partners makes up 6% of cases
• The breakdown rate for second marriages is 28% to 33%

Process To Remarry Your Ex In Canada

The aisle of the walk remains the same, particularly from legal aspects. Necessary steps include:

• Secure Divorce Papers: If it’s still awaiting authorization, you probably have a 90-day period for reconciliation. Otherwise, collect the papers from the register office.
• Do the Paperwork: To make it complete and irrefutable, include all the court orders, custody decisions, and the financial arrangements. Also, score the marriage certificate from the municipal office or a registry agent.
• Invite Witnesses and Officiant: You need an approved person to read you the oath and to proclaim you spouses. And this needs to happen in front of at least two witnesses.
• Register the Event: Once formalities end, apply and receive the official marriage certificate upon submission. It will follow after submitting the signed licences provided by the officiant.

Why Remarrying Your Ex Might Not Be A Good Idea

Even though second marriages, by statistics, outlast first attempts. Factors like repeating patterns of behaviour, rising confusion, and disputes over past events and responsibility contribute to the latter’s failure.

It’s not uncommon for two people with a shared past to take occasional resort to the disturbing moments, followed by the divorce. On fine days, they may claim each other’s reflection in it, which may easily escalate to quarrels.

Coordinating proprietary claims, both before and after the marriage, especially over assets which once belonged to the other person, can be sensitive. With the new rights, the current owner may have grown an entitlement to them. Any force or manipulation may hurt trust and lead to serious concussions.

Wrapping Up

Remarrying the same person is rather easy with no legal prohibitions. The only concerns are to make sure that all gaps are filled and simplify post-marriage formalities. The law advises finalizing the divorce, submitting the essential documents, and reaching prenuptial agreements. From a personal perspective, you need to consider financial, custody, and emotional changes.

Frequently Asked Questions about Remarrying the Same Person in Canada