Civil marriage
What you need to know about civil marriage in Montreal
Civil marriage is a marriage that is celebrated by a public officer such as a clerk or deputy clerk of the Superior Court, a notary, a mayor, a member of the municipal council or of the borough council, a municipal official. Civil marriage can also be celebrated by a designated person (family member, friend, relative) on condition of obtaining authorization from the Registrar of Civil Status of Quebec.
Civil marriage was introduced in 1969. At that time, it accounted for only 2% of marriages. Currently, 64% of marriages celebrated in Quebec are civil marriages.
Civil marriage is different from religious marriage which is celebrated by a Minister of Worship in a place of worship.
The conditions for civil marriage
To marry civilly, the future spouses must meet certain conditions. Marriage requires the free and informed consent of two people to take each other as spouses (Civil Marriage Act). This means that you must not have been coerced or have received threats to force you to get married. You must also have understood the effects of your marriage.
The bride and groom must be at least 18 years old, and can be 16 or 17 years old with court authorization.
Civil marriage is prohibited between close relatives. It is prohibited for moral and physiological reasons. It is not possible to marry a person who is a brother or a sister, a half-brother or a half-sister, a parent or a child regardless of whether these ties are adoptive or biological.
Marriage witnesses
The future spouses must have witnesses who will intervene during the signing of the marriage notice and during the signing of the marriage certificate at the time of the ceremony. The witness who must intervene during the signing of the marriage notice must be a person who knows the spouses and who must be of legal age. During the marriage ceremony, each spouse must be assisted by a witness who will sign the marriage certificate. This witness does not have to be of legal age but must be able to understand the scope of their role as a witness.
Places to celebrate a civil marriage
The notary can celebrate a civil marriage every day between 9 a.m. and 10 p.m., including Sundays and public holidays. The place must respect the solemn nature of the event. It must be arranged for this purpose and correspond to a place where your civil marriage officiant is authorized to marry you.
A court clerk (or an assistant court clerk) can marry you civilly at the courthouse, in a hospital or any other place of the health and social services network or in a detention centre or penitentiary if one of the spouses is detained there.
A mayor (or a municipal councillor or municipal official) can celebrate your civil marriage at the town hall of their municipality or at any place in the territory of their municipality.
A notary who receives deeds en minutes is able to perform your civil marriage at the location you agree on with them, just like a loved one you could choose as an officiant.
Documents to provide to get married:
Documents to provide to get married:
How to get married at the notary?
You can get married at a notary who celebrates civil marriages. For this, you must make an appointment with the notary in order to open your file and send the documents and information necessary for publication of the marriage notice. The notary will receive you for the first time with a witness to open your file and for the legal consultation. During the legal consultation, the notary will explain to you the matrimonial regimes in Quebec and the legal consequences of marriage. The civil marriage notary will also explain the rights and obligations of the married couple. Finally, the notary will meet you a second time with two witnesses for your civil marriage ceremony! It is possible to get married as quickly as possible with a notary compared to the Palais de Justice. For this, it is advisable to choose the quietest months of the year such as January, November and December. To get married as quickly as possible, you should ensure that you have the necessary documents for the civil marriage officiant.
How to get married at the notary?
The marriage contract is a legal document that can be made before marriage or during marriage. The marriage contract allows you to choose your matrimonial regime. A marriage contract also allows future spouses to define donations between spouses or to children. It makes it possible to plan for the provisions in the event of the death of one of the spouses. To obtain a marriage contract in Montreal or in another city in Quebec, you must contact a notary. Notaries are the only ones who are authorized to receive marriage contracts. Any marriage contract that is not notarized will have no legal value. The notary will assist you in creating your marriage contract and will publish its existence in the Register of Personal and Movable Real Rights (RDPRM). A marriage contract made before the date of the marriage will become effective on the day of the marriage. A marriage contract made after the marriage will become effective on the day of its signature and not on the date of the marriage. It is possible to modify a marriage contract. For this, the spouses must agree, like all the other people mentioned in the marriage contract.
How much does a civil marriage cost?
The cost of a civil marriage varies widely. It depends on the type of celebration (intimate or with many guests), location, programming, etc. The cost can therefore range from a few thousand to a few tens of thousands of dollars.
The officiant’s price usually ranges from $300 to $1,000 depending on their experience and the time of the civil marriage.
To this amount, it will be necessary to add the prices of
-alliances,
-brides’ outfits,
-flowers,
-photographer,
-reception room,
-etc.
These expenses are not compulsory and we see more and more intimate weddings in small groups. The spouses prefer to focus on the present moment and plan a party or project in the future.
It is therefore quite possible, and increasingly common, to get married for $1,000 or less.
What are the conditions for getting married?
To get married in Quebec, you must meet certain conditions:
– be 18 years of age or over, or 16 years of age with authorization from the court,
-not marry:
—a biological or adoptive brother or sister
—a biological or adoptive half-brother or half-sister
—a biological or adoptive parent or child
—a brother or sister of the parents
-not have any matrimonial ties (therefore be single, divorced or widowed)
-be consenting to marry
-be present on the day of your marriage
Evidence of civil marriage
As soon as the civil marriage ceremony is over, your officiant will give you a Declaration of Marriage, which is temporary proof of civil marriage.
Subsequently, you will receive a letter from the Director of Civil Status informing you that you can order your marriage certificate.
Deadlines to meet to get married
During your first meeting with the officiant, you will give them various information and documents that will allow the celebrant to prepare and have you sign the marriage notice. Once the marriage notice has been published, your civil marriage can be celebrated 20 days after publication of the marriage notice. The civil marriage must absolutely be celebrated within 90 days of the publication of the notice of marriage. Otherwise, the spouses will have to publish a marriage notice again.
Frequently Asked Questions
For a civil marriage, there are certain delays.
The first delay is the availability of the civil marriage officiant to receive you for an interview or a legal consultation if they are a notary. This period is variable depending on the celebrant you choose. Delays are usually longer in courthouses because they only celebrate marriages on Saturdays.
Then there is a delay imposed by law to be observed. The publication of a civil marriage notice must be done at least 20 days before the celebration on the website of the Directeur de l’état civil du Québec. This requirement is very important. Failure to publish a marriage notice could result in the marriage being declared void. If two people in a civil union wish to get married, they should not publish a marriage notice. For certain serious reasons, an exemption from publication may be granted by the Directeur de l’état civil.
It is then necessary to count the period of availability of the celebrant once the 20 days of publication of the notice of marriage have elapsed. This means that the minimum period for civil marriage is 3 weeks. It would therefore be reasonable to allow a period of 3 to 5 weeks to get married. The busiest day is usually Saturday. If you choose this day to get married, it may be that availability is scarce at short notice or more distant.
If you have decided to get married in Montreal, there are several places to celebrate your civil marriage. You can be married civilly in:
-a reception room,
-a restaurant,
-a park or garden,
-your home
-a notary’s office
etc.
The place of civil marriage must meet three criteria:
-respect the solemn nature of the civil marriage ceremony
-take place in a place where your officiant is allowed to marry you
-be arranged for the civil marriage ceremony
The location of the civil marriage also depends on the type of celebrant you choose. A court clerk or deputy court clerk has the right to marry you at the courthouse, in a hospital or penitentiary if one of the spouses is there. A mayor, a councillor or a municipal official can marry you in their town hall or in a place which is in the territory of their municipality. A relative who has been chosen as officiant will be able to celebrate a civil marriage in the place you agree with them. Just like a civil marriage celebrated by a notary officiant.
