Ontario couple says they can't get married due to bureaucratic red tape

An Orillia, Ont. couple who has known each other for 40 years and has lived together for the past 15, wanted to make it official and tie the knot in December of 2021.

However, they can’t get hitched without a divorce certificate from 30 years ago that the government is having difficulty locating.

"We've been together a long time but we were never married," said Bob Wood.

Wood and his fiancee, Carol Hyatt, planned to get married on Dec. 28, but they couldn’t because they can’t get legally married without proof of Wood’s divorce from 1989.

"There is no reason I should have to have a divorce certificate if my ex-wife is dead and I have been divorced for more than 20 years and the Ontario government has that record," said Wood.

Divorce records are usually located at the courthouse where documents were filed, but because it's been over 30 years, the divorce certificate is stored off site and requires extra effort to find it.

When Hyatt called to get the certificate of divorce, she said no one at the courthouse or in the government seems to be able to know where it is.

"It's difficult because I need to get the licence to marry (Bob) and without the divorce certificate I can’t and who knows if we will ever get the certificate," said Hyatt.

According to the Service Ontario website, "You will need to bring official proof of the divorce with you when you apply for a marriage licence.”

Family lawyer Ayesha Hussain, of Hussain Law in North York, said the pandemic has caused a backlog in the courts, but she said anyone seeking a divorce certificate should be able to get it.

"If you want to confirm that you are divorced or you want to remarry you should get a divorce certificate," said Hussain.

Hussain said, “Usually, the court of your jurisdiction where you completed the divorce application should be able to provide you with one."

Hussain said anyone who can't find the proper paperwork can reach out to the Government of Canada’s Central Registry of Divorce Proceedings to find their information.

After CTV News Toronto reached out on Wood and Hyatt’s behalf, the couple said they got their divorce certificate sent to them within days.

“The divorce certificate came in the mail and I got the marriage certificate at city hall yesterday," said Hyatt.

The excited couple said it was a relief to get the paperwork and they plan to get married on Feb. 20.

The rules are different if you were divorced outside of Canada and wish to remarry. Other documents will be required and all the information is available through Service Ontario and the federal government's website.