Destination Weddings: Legal In Canada?

Planning a destination wedding in Canada or as a Canadian citizen elsewhere comes with a unique set of challenges. From residency requirements to documentation, there are many factors to consider when planning a legal wedding outside of your home country. In this article, we will explore the legal requirements for destination weddings, both within Canada and for Canadian citizens marrying abroad, and provide tips and tricks for ensuring that your special day is not only memorable but also legally recognized.

Foreign marriages and Canadian law

Foreign marriages are recognised in Canada as long as they are valid in the country where they took place and comply with Canadian federal law. However, there are some steps you should take to ensure your marriage is recognised as valid in Canada.

Getting married abroad

If you are a Canadian citizen getting married abroad, you should obtain a marriage license in Canada before you leave. This will ensure your marriage is recognised as valid in Canada. You will also need a valid passport, birth certificate, and proof of marital status to marry in another country.

Proving a foreign marriage

If you are returning to Canada after getting married abroad, you will need to prove your marriage with a marriage certificate. This is required to obtain a divorce in Canada, so it is important to keep proper documentation.

Foreign divorces

If you are seeking a divorce in Canada from a foreign marriage, you must ensure that your marriage is recognised by Canada. In general, Canada will recognise your marriage as long as one or both spouses have lived in the country for at least one year before the divorce. Additionally, the divorce must be valid in the country where it took place.

Sponsoring a foreign spouse

If you have a foreign spouse living with you in Canada, you are obligated to care for their basic needs for three years following permanent residency. This is due to the sponsorship requirements.

Common-law relationships

It is important to note that the Divorce Act only applies to married couples. If you are in a common-law relationship, you will not be covered by this federal law.

Residency requirements

When planning a destination wedding, it is crucial to research the specific residency requirements of your chosen country. This information is typically available on the country's government website. By familiarizing yourself with these requirements, you can ensure that you meet the necessary criteria and have a valid marriage certificate recognized by the local authorities.

In addition to residency requirements, there may be other important considerations. For instance, some countries may ask for additional documentation, such as divorce decrees, official proof of single status, or proof of legal entry into the country. It is also common for countries to require the presence of two witnesses over the age of 18 at the wedding ceremony.

To avoid any complications, it is recommended to start planning well in advance. Obtaining the necessary documents and fulfilling all the requirements can take time, and in some cases, acquiring a marriage license may take longer than fulfilling the residency requirements. Additionally, there may be unexpected costs, such as additional legal fees separate from the hotel's fees.

One way to navigate the complexities of residency requirements and legalities is to have a civil ceremony in your home country before departing for your destination wedding. This approach ensures that the legal aspects of your marriage are taken care of, and you can then have a symbolic ceremony at your chosen destination without any legal concerns.

Documentation

To legally marry in Canada as a US citizen, you will need a valid passport, birth certificate, and proof of marital status. Depending on the province, additional documents or waiting periods may apply. It is recommended to obtain a marriage licence from City Hall before departure.

Each country has its own marriage requirements, so it is important to research the specific requirements of your destination country. For example, in Mexico, couples are required to be in the country for at least five days before the wedding, while in the Bahamas, there is only a 24-hour wait period. France requires couples to have been in the country for 40 days.

Most destinations will require your original birth certificate, passport, and proof of citizenship. You may also be asked to provide additional documentation, such as divorce decrees, official proof of single status, or proof that you have entered the country legally. Some countries, like Aruba, require couples to show proof of single status and, if applicable, a divorce decree or death certificate of a deceased spouse.

It is important to check with a government official to ensure you have all the required documents. Most countries also require two witnesses over the age of 18 to be present at the ceremony.

In addition, apply for your marriage certificate when planning your wedding, as it can sometimes take longer to obtain than to fulfil the residency requirements. Be prepared for additional legal fees that are separate from the hotel's fees.

If you are having a religious ceremony, you may need a baptism record or proof of active participation in your church. Also, ensure that it is legal for a civil officer or clergy member to perform the wedding. For example, in the Cayman Islands, only an official marriage officer can officiate.

To avoid any uncertainty, some couples choose to take care of the legalities in their home country before departure, especially as some resorts do not disclose that their destination wedding ceremonies are merely blessings and not legally binding. This can be done through a civil ceremony at a courthouse or registrar's office, followed by a symbolic ceremony at your chosen destination.

Religious ceremonies

Canada is a great destination for a wedding, with its breathtaking natural beauty, majestic mountains, serene lakes, and charming forests, and quaint European vibes. It is also home to some of the most beautiful churches and chapels, making it an ideal place for religious ceremonies.

Notre-Dame Basilica of Montréal

The Notre-Dame Basilica of Montréal is considered the most beautiful church in Canada, making it a top venue for religious ceremonies. The intricate interior, inspired by the Sainte-Chapelle in Paris, provides a stunning backdrop for a wedding. Couples can get married on Saturdays in the basilica or the Notre-Dame-du-Sacré-Cœur Chapel. To be married in this incredible space, couples must take steps towards the sacrament, such as meeting with the priest and undertaking a counseling course.

Fairmont Chateau Lake Louise

The Fairmont Chateau Lake Louise is nestled among snow-frosted mountains, a majestic glacier, and a beautiful lake, providing a magical setting for a wedding. The hotel's extravagant interior is just as impressive as its natural surroundings. Couples can choose from various ceremony locations, including the Victoria Ballroom, Sun Room, Lakeview Terrace, or Victoria Terrace. Winter weddings can also include special add-ons like ice sculptures.

Blachford Lake Lodge and Wilderness Resort

The Blachford Lake Lodge and Wilderness Resort, located near Yellowknife in the remote Northwest Territories, is an ideal spot for viewing the Northern Lights from November to April. A wedding at this resort can be held indoors or outdoors, and the lodge offers exclusive use of its facilities for the event. They also provide a list of activities for guests to enjoy during their stay.

Fairmont Le Château Frontenac

The Fairmont Le Château Frontenac is one of the most photographed hotels in the world and a popular wedding venue in eastern Canada. This hilltop castle, located in Old Quebec, boasts impressive European-style architecture. The Grand Ballroom, Rose Room, and Cellier Room are among the venue options, and the hotel's culinary team can prepare a delicious feast to complement the celebration.

Casa Loma

Casa Loma, one of Toronto's top tourist attractions, is also open for weddings. It offers several ceremony options, including the Library and the Conservatory, which features a stunning stained-glass ceiling and marble and greenery touches. The Castle Terrace, overlooking the lush grounds, and the impressive gardens provide perfect spots for wedding photos.

Cambium Farms

Cambium Farms, located in Ontario's picturesque Caledon Hills region, is a charming property for a rustic, countryside wedding. It features an authentic barn dating back to 1873, with exposed beams, braces, posts, and rafters. The Carriage House and the Farmhouse are also available for smaller functions and bridal preparations.

Hôtel de Glace

For a truly unique experience, the Hôtel de Glace in Quebec is the only ice hotel in North America. The bride can arrive in a horse-drawn carriage and meet her groom in the ice chapel. After the ceremony, the newlyweds can celebrate with a bottle of Neige Ice Cider, served in handmade ice flutes, and spend their wedding night in one of the hotel's distinctive rooms.

Planning a Religious Destination Wedding in Canada

When planning a religious destination wedding in Canada, it is important to consider the legal requirements. US citizens, for example, will need a valid passport, birth certificate, and proof of marital status to marry in Canada. Additionally, symbolic destination weddings are a more convenient option that many couples choose, as they may require less paperwork.

It is also worth noting that destination weddings in Canada are typically not all-inclusive, and couples will need to hire each vendor individually, including the officiant, florist, DJ, caterer, and photographer. Working closely with a Certified Destination Wedding Specialist is recommended to create a customized package that meets your specific needs and vision.

Lastly, when it comes to timing, it is generally recommended to plan your destination wedding in Canada at least 12 to 18 months in advance to secure your preferred venue and accommodations.

Legal fees

• Marriage Requirements: To legally marry in Canada as a US citizen, you will need a valid passport, birth certificate, and proof of marital status. Some provinces may have additional requirements, such as a waiting period or specific residency requirements. It is important to research the specific laws and regulations of your chosen destination within Canada.
• Symbolic vs. Legal Weddings: Symbolic destination weddings are often chosen by couples as they can be more convenient and flexible. However, if you want your marriage to be legally recognized in Canada, you must ensure that you follow the proper legal procedures, including obtaining a marriage license from the local authorities.
• Marriage License: Obtaining a marriage license in Canada before your destination wedding can help ensure that your marriage is legally recognized. Each province may have its own requirements and fees for obtaining a marriage license, so it is important to research the specific process and costs for your chosen destination.
• Certified Destination Wedding Specialist: Working with a certified destination wedding specialist can be invaluable. They can provide guidance on the legal requirements, documentation, and fees associated with your chosen destination. They can also help you navigate any complexities that may arise.
• Documentation and Registration: After your destination wedding, you will need to ensure that your marriage certificate is signed by a legal officiant and registered with the proper authorities in Canada. There may be associated fees for this process, and it is important to understand the specific requirements of your province or territory.
• Foreign Marriage Recognition: If you choose to have a destination wedding outside of Canada, it is important to understand the laws of that country and how they relate to Canadian federal law. In general, an international marriage will be valid in Canada as long as it complies with the legal requirements of the country where it takes place. However, you may still need to take additional steps to register your marriage in Canada.

It is always advisable to consult with a legal professional or a certified destination wedding specialist familiar with the laws and requirements of your chosen destination to ensure that you understand the legal fees and requirements for your destination wedding in Canada.

Frequently asked questions