In Canada, the law treats all documents handled by the Civil Court, including dissolution of marriage records and divorce records, as public documents. That means, if necessity arises, you can check your or others’ divorce status. But it still requires you to follow some obligations.
Due to the nature of divorce records in Ontario, checking on them is not possible without applying through the certified channel. There are also definite procedures in place that you must follow to get such records.
This article will explain
- What includes divorce records?
- Who can search for divorce records?
- How to find dissolution records in Canada?
- Where can you get a divorce request from?
What are Dissolution of Marriage Records?
Dissolution in legal litigation refers to the formal termination of a contract or establishment. In respect of a marriage, dissolution means the ending of the relationship between two spouses. Dissolution records are documents and information to certify and support the divorce.
It may include:
- Court orders
- Personal details of the spouses
- Reason for the divorce
- Official certification of termination
In Canada, the Central Registry of Divorce Proceedings (CRDP) is responsible for collecting and storing such records.
The CRDP acts more like an archive; instead of issuing divorces, it informs courts about duplicate registries. Additionally, it works as a public portal, letting citizens check and confirm their own or others’ divorce records.
Why Might You Want to Check Dissolution of Marriage Records?
The government stores public records so citizens can access and use them in times of necessity. And there will always be times in your life when you will need them. Like
For Formal Submissions
Institutions, from workplaces to schools, as part of their onboarding or admission process, often want to know the current marital status of their members or the parents of the students. Besides, in events like property settlement, readjusting allowance, or dissolving a joint account, you may have to provide a divorce record.
Checking Marital History
If you are currently dating or planning to get married soon, it’s only smart to give your partner’s background a check. But be aware of the emotional aspect of such requests. Ask for their consent after thoroughly explaining your concern.
Tracing Ancestral Tree
It’s a common picture in the matter of resolving family disputes to clarify the relationships between distant relatives. One may also need to fix some gaps created in their family lineup. Confirming divorces often sheds light on a subject from a different angle.
Resolving Financial Issues
The most common types of disputes between spouses are financial, and mostly they arise after a divorce. Your local law may ask you to submit the divorce record before taking an interested step forward in mitigating those issues.
Proving Eligibility to Marry
Several sections in Civil and Common Law forbid a marriage or a relationship when one of the partners is already married. So when registering a legal partnership, both spouses must show their current status.
Who Can Apply for Divorce Records?
In a word, anyone. You can request your dissolution of marriage details anytime. It’s also possible to get others’ details upon the submission of the consent form filled out by one of the involved spouses.
The court can review your divorce record if it becomes essential in the course of a legal proceeding. But it will do so, sticking to the obligations outlined in the Privacy Act.
Where Can You Request Divorce Records?
Based on the province or state you live in, requesting procedures may vary. But the general guidelines suggest an in-person application to the local court where you registered the divorce. With official online portals actively responding to public applications, you can also consider filing applications via mail or the website of the responsible court.
If you don’t know how to check divorce status online in Canada, don’t worry. It’s quite straightforward. It just involves submitting a set of different or additional forms, like Form 36B for Ontario citizens.
As mentioned, the Central Registry of Divorce Proceedings (CRDP) acts more as an archive. Even if it doesn’t have the right to disclose details of the personal records. Upon request, it can confirm the divorce status of a person. Additionally, it helps a person who has forgotten which court they registered their divorce in locate the court.
How to Find Dissolution Records in Canada?
As you have come this far, you must have an abstract roadmap for accessing divorce records in Canada.
If you want to know how to obtain a divorce certificate, here is a step-by-step guideline for you.
Step 1: Locate the Local Court
Canada gives access to divorce records to its citizens through local courts. The court, after receiving your application, verifies authenticity and issues the requested documents.
So, your first task would be to identify and contact the court where your divorce took place.
Step 2: Prepare Documents
When seeking your own records, paperwork is simple. All you need is to provide basic information, like:
- Your and your spouse’s full name
- Dates of marriage and divorce
- Dates of birth of both parties
- Court file number of the divorce
To confirm someone else’s divorce, the court requires you to obtain their consent. It can be done by providing a written consent and their personal information.
Step 3: Submission
Filing can be done by physically visiting the court or through online portals. A charge, around $20 to $40, may apply to each submission. The response time of different media may vary based on your chosen platform for submission and the province you live in. On average, it takes around 1 to 6 weeks to get the records.
Step 4: CRDP Request
If a mere confirmation is what you want, the CRDP would be your go-to. As it doesn’t bother with the details, submissions in CRDP are much simpler. Visit the platform online, get the search request form, complete it, sign it, and send it via mail. The response will hit your inbox shortly.
Wrapping Up
A dissolution of marriage record may seem unimportant once the settlement is done between the parties. But you can’t overlook the necessity of having yours with you or checking others on many occasions. From a formal requirement to a proof of a would-be partner’s honesty, a divorce record will be subject to continuous follow-up. In such situations, contact CRDP or the local court and file a request.
Frequently Asked Questions About Dissolution Of Marriage Records
Are Divorce Records Public In Canada?
Yes. All documents, created under the obligations of the Civil Act, are public in kind. So, the court or a reference office is obliged to send you a copy upon a valid request.
How To Get a Copy Of a Divorce Certificate in Ontario?
Locate the court that ordered the divorce, and file an application there attesting your identity with proof. Within a few weeks, you will receive the records at the address mentioned in the requesting form.
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