Civil Marriage
Civil marriage and civil union in Montreal, Quebec
Civil marriage is a secular marriage. It is different from religious marriage which is celebrated by a minister of religion (a curate, a pastor, a priest, an imam, a rabbi, a bishop, a reverend or another recognized minister of religion).
Civil marriage is recognized abroad. However, some countries do not recognize same-sex marriages. This means that these countries might not recognize a civil marriage between same-sex spouses.
It is quite possible to marry a foreigner or a person without legal status in Canada. The future spouses must respect the conditions of age, marital status (being single, widowed or divorced) and consent to the marriage.
To unite in a civil marriage, you must provide documents to the celebrant who will ensure that you meet the conditions for getting married. These documents will prove your identity, age and marital status.
The conduct of a civil marriage ceremony varies according to the wishes of the spouses and the celebrant. The celebrant must read articles 392 to 396 of the Civil Code of Québec. The future spouses and their guests can give a speech. The future spouses will then exchange vows and their wedding rings, their consents, and the marriage will be pronounced.
The date of the wedding will be chosen by the future spouses together with the celebrant. There is a period of 21 days to be respected between publication of the notice of marriage and celebration of the civil marriage.
The civil marriage must be celebrated in a place that respects the solemn and public aspect of the marriage. Some celebrants can only celebrate civil marriages in specific places. For example, a court clerk will only be able to celebrate a marriage at the courthouse or in a health or detention centre. If your celebrant is a mayor, a municipal councillor or a city official, the marriage may be celebrated at the town hall or on the territory of the municipality.
The rights and duties of spouses following a civil marriage
Following a civil marriage, the spouses have rights and duties
Spouses have the same rights and duties towards each other during marriage.
Among other things, they must:
- Respect each other, be faithful and lend each other help and assistance
- Lead the family and take responsibility for children together
- Choose the family residence together
- Contribute according to their ability to household chores and family expenses (e.g., housing, clothing, food, etc.)