|
|
|
|
Legal Line® provides Free legal information to Canadians through its website, telephone and fax-on-demand systems.
1,000 topics are covered within 35 areas of law...
Search...
Ontario|FamilyMarriage 100 Getting married
- Getting a marriage licence
To be legally married in the Province of Ontario, you and your future spouse must follow the rules and procedures established by the Ontario government and obtain a marriage licence. This can be done by visiting your local city hall or civic centre. You and the person you are marrying will have to show your birth certificates or citizenship cards, fill out an application form and pay a fee of about $100. If you or your future spouse have been previously divorced you must each provide proof of divorce, usually in the form of a Certificate of Divorce obtainable from the court where the proceedings took place. Blood tests are not required. A marriage licence will be prepared and given to you while you wait. You must then wait at least three days before actually getting married.
- Who can perform a legal marriage?
Marriage licences expire after three months, so the ceremony must be within this time. To be legally valid, marriage ceremonies must be done by someone who is registered to perform marriages. This includes most ministers, priests and rabbis as well as judges and justices of the peace. Marriages conducted by judges and justices of the peace are usually conducted in their judicial chambers. There must also be two people to witness the ceremony.
- Restrictions on who can get married
Although individuals can choose whom they want to marry without interference from the government, there are still basic rules about who can get married in Ontario. People who do not meet the requirements will not be given a marriage licence. First of all, both people must be of the opposite sex and at least 18 years old.
If you are under 18 you need written permission from a parent to get married. Secondly, both people must be mentally competent. Thirdly, neither person can be already married. Fourthly, you and the person you are marrying cannot be closely related. The Marriage Act sets prohibited degrees of affinity and consanguinity.
- Legal significance of marriage
Before entering into marriage, you should be aware of the many rights and obligations arising from marriage that will affect each of you, your spouse, and your children in the event of a marriage breakdown. On separation, property rights are governed by the Family Law Act of Ontario under a scheme that equalizes the net family property of the spouses. However, other arrangements may be provided for, before or after the marriage, in a domestic or marriage contract between the parties. There may also be rights and obligations for financial support for the spouses and their children after a marriage break up. If you want to change any of the provisions established by the laws of Ontario, you should consider entering into a marriage contract. If you need additional information about the legal consequences of entering into a marriage, you should consult a lawyer.
|