Wedding License: Canada-Us Recognition And Its Legal Validity

If you're a US citizen who is planning to get married in Canada, you might be wondering if your marriage will be recognised back home. The good news is that marriages performed in a foreign country are usually valid in the US, and you are not legally required to report it when you return. However, it's important to note that you may need to provide certain documents, such as a valid passport, marriage search letter, single status affidavit, and more, depending on the requirements of the specific Canadian province or territory. Additionally, same-sex marriages, while legal in Canada, may not be recognised in some countries. It's always a good idea to contact the relevant embassy, high commission, or consulate to understand the specific requirements and ensure that your marriage will be recognised in your home country.

US citizens marrying in Canada

If you are a US citizen planning to marry another US citizen in Canada, you have two options for the type of ceremony: a religious service or a civil service. A recognised religious official can marry you if you opt for a religious ceremony, but be sure to verify that they are authorised to perform religious marriage rites in Canada before proceeding. If you prefer a civil ceremony, you can get married at a municipal court, city hall, or town hall. Again, ensure that the officiant is authorised to perform civil marriage ceremonies in Canada. Typically, the officiant will be a judge, municipal clerk, or justice of the peace.

Once you have decided on the type of marriage service, you will need to apply for the right forms. There are two main types of forms required in Canada: banns and the marriage licence. Banns are a traditional religious ritual that applies only when both you and your partner are getting married for the first time. If either of you has been married before, you will need to apply for a marriage licence instead. When you apply for a marriage licence in Canada, it is valid for only 90 days from the date it was issued, so be sure to plan ahead. To apply for your marriage licence, visit a local town hall, city hall, or municipal court office. Both parties will need to show two pieces of official government documentation. The types of accepted documentation include:

• A valid, current passport
• A government-issued birth certificate citing any past name changes
• A record of immigration
• A Canadian Citizenship card
• A valid driver’s licence
• A valid Ontario photo card

You will also need to pay a fee, which varies depending on the Canadian province where you apply for your marriage licence.

After your wedding ceremony, you will need the help of your wedding officiant to order a Canadian marriage certificate. This must be ordered within 48 hours of your wedding service or ceremony. The marriage certificate will verify the names of both parties, the date the marriage took place, and the geographic location and venue of the ceremony.

Please note that marriages that are legally performed in a foreign country are usually valid in the US, and you do not need to register them in the US. However, if you are marrying a non-US citizen, getting your spouse into the US could be a serious issue, and you may need to look into a spousal visa. Additionally, if you are a US permanent resident, getting married may affect your residency status.

Canadian wedding traditions

Marriages that are legally performed in Canada are usually valid in the US. However, this does not apply to polygamous marriages, which are not legal in Canada. There is no national registry of marriage in the US, and any marriage conducted anywhere in the world is automatically recognised.

Now, here is some information about Canadian wedding traditions:

Canadian weddings are full of joy and celebration, with colourful cultural heritage, lively music and dance, delicious food, and meaningful rituals. The wedding ceremony is the most crucial part of the wedding for Canadians. It usually takes place in a church or a wedding venue, presided over by a religious leader. However, many non-religious ceremonies are also held, which are just as meaningful and beautiful.

Pre-Wedding Traditions

Before the actual wedding, couples often have an engagement party to celebrate their upcoming nuptials. This is typically hosted by the couple, their parents, or close friends and family members. Another pre-wedding tradition is the bridal shower, a celebration in honour of the bride, usually hosted by her bridesmaids or close female relatives. The purpose is to "shower" the bride with gifts and well wishes before the wedding day. The stag and doe party, a Jack and Jill or a Buck and Doe, is another pre-wedding event that raises money for the couple's wedding. It is typically hosted by the couple or their bridal party and includes games, raffles, and dancing.

Wedding Attire

The usual wedding attire for Canadian brides is a white wedding dress, symbolising purity and innocence. However, brides are free to choose any style or colour they like. Grooms typically wear a suit or tuxedo, often with a maple leaf pin or cufflinks to add a touch of Canadian flair. The bride often complements the wedding dress with a veil, which is almost essential to the celebration and is sometimes passed down from generation to generation as a cherished family heirloom.

Wedding Reception

Canadian wedding receptions are typically held in the evening following the wedding ceremony. They can range from intimate gatherings of close family and friends to grand affairs with hundreds of guests. The reception is a time for the newlyweds to celebrate with their guests, enjoy delicious food and drinks, and dance the night away. The "first dance" is a popular tradition, where the newlyweds take to the dance floor for their first dance as a married couple, symbolising their love and commitment.

Wedding Cake

A Canadian wedding celebration is incomplete without a wedding cake. The cakes are typically multi-tiered and adorned with beautiful decorations. The newlyweds participate in the cake-cutting ceremony, cutting the cake together and feeding each other a slice.

Traditional Canadian Wedding Foods

Canadian weddings are known for their delicious and hearty dishes. Poutine, a dish with french fries, cheese curds, and gravy, is one of the most popular wedding foods. Another traditional Canadian wedding food is tourtière, a meat pie popular in Quebec. The filling can be made with pork, beef, or game meat and is often served with ketchup or mustard.

Music and Dance

Weddings rooted in Canada's traditions are known for their lively music and dance. One famous dance is the "square dance," a traditional folk dance that originated in North America and is performed in a square formation with four couples facing each other. Another famous dance is the "polka," a lively and energetic dance that originated in Central Europe.

Civil marriages in Canada

To be eligible for a civil marriage in Canada, individuals must meet the following criteria:

• Both parties must freely consent. Forcing someone to marry is a criminal offence.
• The minimum age for marriage is 16 years, with parental consent required if either spouse is below the age of majority (18 or 19, depending on the province).
• The individuals cannot be related lineally, as brother or sister, or half-brother or half-sister, including by adoption.
• Both individuals must be physically present at the ceremony.
• The marriage must be valid under Canadian law and in the jurisdiction where it took place.

The process for a civil marriage in Canada involves the following steps:

• Decide on the type of marriage ceremony, either religious or civil.
• Apply for the necessary forms, including banns or a marriage licence. Banns are a traditional religious ritual where the church releases a publication recognising the couple's intention to marry. A marriage licence is required if either individual has been married before.
• Obtain the required documents, which may include a valid passport, birth certificate, record of immigration, Canadian citizenship card, driver's licence, or valid photo card.
• Pay the required fee, which varies by province.
• Have the marriage solemnised by an authorised officiant.
• Obtain a marriage certificate by ordering it within 48 hours of the wedding ceremony.

It is important to note that civil marriages performed in Canada are generally recognised in other countries, including the US. However, it is advisable to verify the specific requirements and recognition of Canadian marriage licences in the relevant country.

Religious marriages in Canada

Marriage ceremonies in Canada can be either civil or religious. Religious marriages are performed by recognised religious officials who are authorised to perform marriage rites in Canada.

Requirements

The requirements for a religious marriage in Canada are:

• A recognised religious official must perform the ceremony.
• The marriage must be registered.
• Both parties must freely consent.
• The minimum age to marry is 16, but this may vary depending on the province or territory. In some provinces, the minimum age is 18 or 19.
• A marriage licence is required if either party has been married before.
• A fee must be paid when applying for the marriage licence.
• A marriage certificate must be ordered within 48 hours of the ceremony.

Interreligious Marriages

Interreligious marriages refer to marriages where partners are from different broad religious groups. For example, a marriage between a Buddhist and a Roman Catholic. However, unions between people of different denominations within the same broad religious group are not considered interreligious, such as an Anglican/Presbyterian union.

Differences from Civil Marriages

There are several differences between religious marriages and civil marriages in Canada:

• Religious marriages are performed by recognised religious officials, while civil marriages are performed by judges, municipal clerks, or justices of the peace.
• Religious marriages may not respect the equality of women, while Canadian civil laws must uphold the equality provisions set out in the Canadian Charter of Rights and Freedoms.
• Religious marriages are private and not open to public review, while civil marriages are a matter of public record.
• Religious marriages may not permit same-sex marriages, but same-sex marriage has been legal under Canadian civil law since 2005.
• Religious marriages may not set a minimum age for marriage, while civil marriages in Canada have a minimum age of 16.
• Some religious groups permit polygamy, but bigamy and polygamy are criminal offences in Canada.
• Religious marriages may require a religious divorce, which is separate from a civil divorce.
• In some religions, only the husband can initiate a termination of the marriage, but under Canadian civil law, either spouse can move to end the marriage.
• Religious marriages may include a domestic contract, such as a mahr in Muslim marriages, which is upheld by Canadian courts if written in accordance with provincial or territorial requirements.
• Religious marriages may not ensure equal division of family property or spousal support in the event of a divorce, while civil marriages in Canada ensure that the value of property acquired during a marriage is shared equally.
• Some fundamentalist religions give the father presumptive rights to guardianship of the children, while Canadian civil laws deem both parents to have equal custodial rights.

Legal requirements for marriage in Canada

The Solemnisation of Marriage Act

According to the Solemnisation of Marriage Act, it is necessary to obtain a marriage licence or certificate before getting married in Canada. Marriage licences are issued by provincial or territorial authorities, and the licence will only be valid in the province or territory in question. For example, an Ontario marriage licence is only valid in Ontario.

Age Requirements

The minimum age for marriage in Canada is 16, and parental consent is required when one or both spouses are under the age of majority in the province or territory where the marriage is taking place. The age of majority is 18 in Prince Edward Island and 19 in the Northwest Territories. In Quebec, if one or both spouses are between 16 and 18 years of age, the marriage must be authorised by a court.

Additional Requirements

Both parties must not be related by blood (consanguinity). They must also meet the following requirements:

• Provide proof of identification, such as a birth certificate.
• Provide proof of present marital status, such as a divorce decree or death certificate.
• Pay a fee, which varies depending on the province or territory.
• Have the marriage solemnised by an authorised official, who may be religious or civil, depending on the type of marriage service chosen.

Waiting Periods

In most provinces or territories, a couple may get married immediately after receiving their marriage licence. However, some provinces, such as Nova Scotia (5 days) and Quebec (20 days), require a short waiting period between the application for the licence and the marriage ceremony.

Validity of Foreign Marriages

Marriages performed abroad are usually valid in Canada and do not need to be registered. However, the marriage must be valid in the country where it took place and under Canadian law. Some additional information and confirmation may be required if the divorce took place outside of Canada.

Frequently asked questions