How to get married in Quebec
Have you discovered your soul mate and want to celebrate your union in Quebec? Here are some tips on how to tie the knot in this beautiful province.
In Quebec, the minimum legal age for marriage is 18. However, if you're 16 or 17, you can seek court permission to tie the knot. Marriage is prohibited between siblings, half-siblings, and parents and children. On the other hand, marrying your cousin is not forbidden.
Typically, the wedding ceremony takes place in a public venue with two witnesses present. These witnesses are required to confirm your consent and sign the marriage declaration.
Marriages can also be performed at the courthouse or by an officiant sworn in by the Ministry of Justice. Beforehand, you and your spouse will meet with the officiant to provide certain documents, including papers proving that you are not already married to someone else. The officiant must marry you in English or French.
Same-sex marriage has been legal throughout Canada since the passage of the Civil Marriage Act on July 20, 2005. By the time the Act was passed, courts had already made same-sex marriage legal in most Canadian provinces and territories. Quebec's first same-sex marriage took place in Montreal on July 18, 2002.
How to get married in Quebec
In addition to preparations for the ceremony, you'll need to take administrative steps before you can get married in Quebec. These steps must be taken at least 3 to 4 months before the set date – although this period may vary depending on the city where the wedding is to take place – as the officiant must publish the banns officially at the place where the ceremony is to be held, as well as at the courthouse in the judicial district, by posting a notice. This posting must be visible to the public for a period of 20 days. An additional period must be added to this to send the clerk the documents required for the interview necessary to open the file.
To start the process, give the Department of Justice a call to schedule a telephone interview. They will guide you on sending the necessary documents to the Clerk of the Superior Court before the remote interview. Keep in mind postal delays, as the clerk needs to receive all documents prior to the interview. Only original documents in good condition will be accepted.
You will first be asked to complete and sign the General Information form (SJ-217 or SJ-833). Copies of valid photo ID must be attached to the form, but originals will be requested on the day. You'll also be asked to fill out the Request for Publication or Dispusion of Notice of Marriage or Civil Union form, along with your original birth certificates. Finally, if you are divorced or widowed, you will also need to prove your marital status. If your documents are not in English or French, they must be accompanied by an official sworn translation by a translator who is a member of the Ordre des traducteurs du Québec (OTTIAQ) or by a competent authority with the official seal.
After reviewing the original documents, the clerk will reach out to you to finalize the request for publishing the notice of marriage or civil union. During the interview, they'll ensure your file is complete and note the date, time, and room for the celebration. Wedding ceremonies can be scheduled any day except Sunday between 9 am and 4:30 pm.
The officiant who organizes and presides over the marriage ceremony receives the spouses' consent on behalf of the judicial authority and legally signs the documents in the presence of the witnesses. The officiant then sends all the documents to the Directeur de l'état civil du Québec, who in turn registers the marriage in the civil registry. Please note that celebrating a marriage in Quebec can cost between $300 and $400 CAD, plus taxes. This figure excludes the notarial costs of filing a marriage contract.
The soon-to-be-married couple can opt for either a religious ceremony officiated by a minister authorized by the civil status minister or a civil ceremony conducted by a notary or another person appointed by the Ministry of Justice.
The consequences of marriage in Quebec
Marriage can unite not only two people of the opposite sex but also two people of the same sex. It is common for women who marry to keep their maiden name.
Couples can choose from one of three matrimonial regimes: partnership of acquests, separation of property, or community of property. Couples can also create their own matrimonial property regime as long as it remains within the framework of the law.
In the absence of a notarial deed before marriage, the default matrimonial property regime is that of partnership of acquests. This regime distinguishes between assets acquired before marriage and those acquired after marriage, which are to be divided equally.
In Quebec, both spouses are equal. They contribute together to the family's needs and exercise parental authority over their children. The mutual duties of respect, fidelity, help, and assistance are enshrined in the Civil Code.
If you are married to or in a common-law relationship with a Canadian or a permanent resident of Canada, your partner may sponsor you for permanent residence. Pending the processing of this application, you may be granted a work permit. However, whatever your marital status, you'll need to prove the reality of your relationship through official documents and proof of shared life and plans.
Good to know:
If you're reluctant to get married, you may be more inclined to formalize your relationship with a civil union. Civil union is quite similar to marriage: it's a solemn commitment! Note that it is only recognized in Quebec. You should also be aware that if you live with someone for more than 12 months, you'll be considered de facto spouses by certain authorities, such as the income tax, pension, and immigration authorities.
Organizing your wedding ceremony in Quebec
Beyond the necessary administrative tasks, there's the exciting part of planning the wedding! Despite the inevitable stress, many couples find joy in organizing the ceremony. While there are certain formalities to follow, you have the freedom to personalize the ceremony to match your preferences, from the music and venue to decorations and vows. The power is in your hands to craft what could be the most beautiful day of your life — something that truly reflects the happiest moment for both of you!
According to this article from Elle Quebec, there are twelve steps to follow in preparing for your wedding. Once you've booked the wedding venue, you'll need to choose a caterer, hairdresser, and make-up artist, notify guests of the date, find a DJ, photographer, and wedding dress, and of course, don't forget the florist, drinks, wedding rings and official invitations! You need to set a budget and consider the number of guests in advance.
You can hire a wedding planner to make things easier for yourself and to feel more serene on your wedding day. There are plenty of them in Quebec. You can search the Internet to find the right person or consult this list.
You can also opt for elopement, a form of intimate wedding becoming increasingly popular in Quebec. This solution allows you to celebrate your union as lovers without worrying about others' judgment or the cost of guests. You'll still need a celebrant and two witnesses to make your union official. It's a good idea to register your marriage with a notary or at city hall before the day of the elopement.
Divorce in Quebec
In Quebec, only divorce pronounced before a Quebec civil court allows married couples to obtain a complete annulment of their marriage. Divorce can be amicable or by trial before a judge. Upon divorce, the spouses must divide the value of the family patrimony. Assets excluded from the family patrimony, such as real estate or bank accounts, are divided according to the rules of the matrimonial or civil union regime chosen by the spouses.
Marriage breakdown is the only valid ground for divorce under federal divorce law. There are three possible reasons for the breakdown of a marriage, notably if the spouses have been living apart for at least a year and are still living apart when the divorce decree is pronounced. Other reasons are adultery and violence (psychological or physical).
If a couple has been apart for a year or more, one of them can initiate divorce proceedings, even if the other disagrees. In situations involving infidelity or instances of physical or mental cruelty, only the spouse who has experienced these issues can file for divorce. When communication between the spouses breaks down, a mediator can provide assistance.
If both partners agree to divorce, they can do so amicably by submitting a joint request for a draft agreement. This option is less costly and often less traumatic for separating families. To do so, the spouses must have been separated for at least one year at the time the application is filed. An agreement must also have been reached on all aspects of the divorce, including family assets and child and spousal support. Once the spouses have reached an agreement, they must reproduce and complete the divorce application templates, following the instructions in the guide Joint Application for Divorce on a Draft Agreement. The models to be reproduced are Projet d'accord, Demande de divorce, Attestation relative à l'enregistrement des naissances and Modèle Dos. Next, the spouses must attach the required documents to the joint divorce application, i.e., copies of birth certificates, a copy of the marriage certificate, a certified copy of the marriage contract, if applicable, and a certified copy of the judgment of separation pronounced against you, if applicable. All these documents must be submitted to the clerk of the Superior Court in your judicial district or in the district where your ex-spouse resides.
If the two partners do not agree on the terms of the divorce, each must submit an individual application. There are no model procedures on the draft agreement, such as the joint application for divorce. You can call on a legal advisor to help you through the process.
The fees for filing divorce and legal separation can be paid in cash, by debit or credit card, by certified cheque, or through a postal or bank money order made out to the Quebec Minister of Finance. Additional details on the costs associated with these procedures can be found here. It's important to note that if either party resides in another Canadian province or outside Canada, federal child support guidelines usually apply.
Good to know:
Polygamy and polyandry are prohibited in La Belle Province. You are allowed to be married to only one person at a time.
Useful links:
Marriage in Quebec - Ministère de la Justice Marriage in Quebec - Éducaloi
Civil Code of Quebec (see Book Two, "The Family")
