If you need to use your Ontario divorce overseas, whether to remarry, deal with property or finish some other procedure, you may be asked for proof of the divorce, and that proof has to be authenticated. Since Canada joined the Hague Apostille Convention in 2024, the process is much simpler for most countries, but a few points still trip people up: which document can be apostilled, whether it must be notarized first, and where the translation should be done. This article walks through the steps using the Ontario government's own information.
Two Different Documents
When a court grants your divorce, it issues a Divorce Order. The divorce takes effect 31 days after the order is made. After that, you or your former spouse can ask the court for a Certificate of Divorce (Form 36B), which proves the date of the divorce. When people talk about getting a divorce document authenticated, this certificate is usually the one they mean.
Ontario's website does not say separately whether the Divorce Order itself can be apostilled. Check with Official Documents Services (ODS) before you apply.
Step 1: Order the Certificate of Divorce From the Court
- Request it from the court location where your divorce case started. You can do it online (with an Ontario.ca Login), in person at the courthouse (a representative can go for you), or by mail.
- The fee is $25.
- You will need the court location, the court file number and the year the divorce was granted.
- If you don't remember which court it was, the federal Central Registry of Divorce Proceedings may be able to give you the court's address and a reference number. It cannot give you the court file number, the case status or a copy of the certificate.
- Requests for older files can take longer.
Step 2: Get the Apostille
In Ontario, apostilles are issued by ODS. Whether you need to notarize first depends on when the certificate was issued:
- Issued on or after July 10, 2023: no notarization needed. You can apply directly.
- Issued before July 10, 2023: you have two options. Have it notarized and then authenticated, or ask the original court to reissue the certificate, which can be authenticated without notarization.
A few other points:
- The fee for a court-issued document is $32 per document.
- Mail-in requests take up to 15 business days. In-person requests for court documents take up to 10 business days.
- Only paper originals are authenticated.
- Start with an online service request on the ODS authentication portal, then send the request number, documents and payment by mail or in person. In-person service is available in Toronto and at select ServiceOntario locations in Ottawa, Sault Ste. Marie, Windsor and Thunder Bay, and you can book an appointment online.
- You can verify an apostille online with its number and issue date.
Do You Still Need Embassy Legalization?
The Apostille Convention came into force for Canada on January 11, 2024. If the country where you will use the document is also a party, an Ontario Apostille is enough. You no longer need to have the document authenticated by Global Affairs Canada and then legalized by that country's embassy or consulate. Global Affairs Canada states that Convention member countries accept authentication only in the form of an apostille. China is a common example: the Convention came into force there on November 7, 2023. You can check any country on the HCCH status table (linked below).
If the destination is not a party to the Convention, ODS issues a certificate of authentication instead of an apostille, and that country's embassy or consulate may still need to legalize the document. Ask that country's consulate what it requires.
One caution: an Apostille only confirms that the signature and seal on the document are genuine. It does not guarantee that the office receiving it will accept the document. What else is required is up to that office.
Translation: Do It Abroad or in Ontario?
If the receiving office works in another language, it will usually want a translation. There is no single official rule on where to have it done. It depends on what the receiving office requires. In practice, two approaches are common:
- Apostille first, translate at the destination. Get the original apostilled, take it with you and have a local translation company translate it and stamp the translation. Local offices are usually familiar with local translation companies' stamps, so rejection is less likely. Make sure the Apostille page is translated too.
- Translate in Ontario, then notarize and authenticate. Have the document translated in Ontario, have a notary public notarize the translation, then submit the notarized translation to ODS for authentication. The fee for a notarized document is $16 per document. This suits cases where the receiving office specifically asks for a translation done abroad.
The safest approach is to ask the receiving office which one it accepts before you start.
Check These Before You Start
- Ask the receiving office which document, in what form, and whether a translation is needed. ODS does not advise on other countries' requirements.
- Look at the issue date on your certificate. If it was issued before July 10, 2023, you will need to notarize it or have it reissued.
- Authentication is done on the paper original. Keep a scan before you mail it.
- Documents sworn before a Commissioner for Taking Affidavits cannot be authenticated by ODS, even if they are notarized.
- Fees and timing can change. Check the official page. The information in this article is current as of October 2026.
Bottom Line
The process itself is not complicated: order the Certificate of Divorce from the court, then send it to ODS for an Apostille. A certificate issued after July 10, 2023 does not need to be notarized. What usually goes wrong is the date, the translation and the receiving office's requirements. Settle those three first and you will save yourself a lot of back and forth.
Frequently Asked Questions
Can an Ontario Certificate of Divorce be apostilled directly?
Yes. A court-issued Certificate of Divorce issued on or after July 10, 2023 does not need to be notarized first. You apply to Official Documents Services (ODS) for the Apostille. For earlier certificates, either notarize first or ask the original court to reissue the certificate.
My Certificate of Divorce was issued before 2023. What do I do?
You have two options: have it notarized and then authenticated, or ask the original court to reissue the certificate ($25). A reissued certificate can be authenticated without notarization.
Do I have to notarize before getting the Apostille?
Not for a court certificate issued on or after July 10, 2023. Earlier ones need notarization, or reissuing instead. If you have the translation done in Ontario, the translation will usually need to be notarized before it is authenticated.
Do I still need the destination country's embassy or consulate to authenticate it?
Not if the destination country is also a party to the Apostille Convention, as China is. In that case the Ontario Apostille is the authentication. For other countries, ODS issues a certificate of authentication and the embassy or consulate may still need to legalize it. Either way, an Apostille does not guarantee that the receiving office will accept the document, so confirm that office's requirements.
How much does it cost and how long does it take?
The Certificate of Divorce costs $25. Authenticating a court document costs $32 per document, and takes up to about 15 business days by mail or up to about 10 business days in person. Fees and timing can change, so check the official page.
What if I don't remember the court or the file number?
The federal Central Registry of Divorce Proceedings may be able to give you the court's address and a reference number, but not the file number or a copy of the certificate. You can also look for the file number on your Divorce Order.
Should the translation be done at the destination or in Ontario?
There is no single official rule; it depends on the receiving office. A common approach is to get the Apostille first and have the translation done and stamped at the destination. Another is to translate in Ontario, have a notary notarize the translation, and then authenticate it. Ask the receiving office first.
Sources
- Ontario: Authenticate a document for use outside Canada
- Ontario: Get copies of family law documents from court
- Ontario: Documents for divorce applications
- HCCH: Apostille Convention status table
- Government of Canada: Canada joins Apostille Convention
- Global Affairs Canada: Authentication of documents FAQ
This article provides general information about Ontario law as of the date of publication and is not legal advice. It does not create a solicitor-client relationship. Outcomes depend on the specific facts; please consult a lawyer about your circumstances.
