If either of the prospective spouses is divorced, evidence of the termination of the marriage must be presented to the marriage licence issuer when purchasing the marriage licence. The following documents are acceptable as proof of the dissolution of marriage:
- The original or a court certified copy of the "Decree Absolute" of Divorce; or
- The original or court certified copy of the "Certificate of Divorce."
The preliminary document (Judgment, Order or Decree Nisi) are not accepted as proof of divorce in Saskatchewan.
The correct divorce documents can be obtained from the court in the province or state in which the marriage was dissolved.
All divorce documents must be translated into English by an independent translator. The translator must include his or her name, complete address and telephone number.
Certificates of Divorce
A certified copy of a certificate of divorce may be obtained by writing to, or attending in person at, the court house where the divorce was granted. To locate the file, the court staff need the names of the parties, the court file number and the approximate year of commencement of the divorce proceedings. If you do not know the court file number (which is located at the top of every court document), you will have to pay a search fee.
The fees are:
- $10 for the certified copy;
- $10 search fee, if the search only covers a five-year period. $20 if the search is for a longer period or if the request is made to the wrong judicial centre; and
- $0.50 per page photocopying fee.
All fees must accompany your request. Make your cheque payable to the Local Registrar. You may visit the Order a Certificate of Divorce page for more information.
If you do not know in which court house the divorce was granted, you may call the Central Divorce Registry in Ottawa. The staff there will be able to find the information needed. Their contact number is 613-957-4519.
If either of the prospective spouses was previously married and the former spouse is known to have died, no proof of death is required. The exact date and place of death of the former spouse must be known.
If the former spouse is presumed to have died, a declaration of presumption of death must be presented to the marriage licence issuer. The Court of Queen's Bench issues the declaration in Saskatchewan. This document must be attached to the marriage licence. The official performing the marriage ceremony must ensure all documents are signed and in order.