Planning a destination wedding and wondering if your marriage certificate from a foreign country will be valid in Canada?
A marriage which takes place in a foreign country will typically be regarded as valid and does not need to be registered in Canada as long as the marriage complies with federal law. It is imperative however, to understand that without a marriage license from Canada, the marriage will be recognized as a foreign marriage. This being said, a marriage license registered in the foreign country where the marriage takes place will be enough to constitute the marriage as valid in Canada.
Possible implications surrounding a foreign marriage license and certificate
While a foreign marriage license is normally considered valid under Canadian federal law, it is essential to understand any potential implications and legal requirements to satisfy a foreign marriage license. Certain documents may be required and will even need to be authenticated by a Canadian official. Without Canadian authentication on certain documents which are required by the foreign country, there may be a failure to obtain a foreign marriage license.
The government of Canada’s guidance on marriage outside of Canada states, that depending on the circumstances of the country in which you wish to be married a declaration of authentication on required documents may be needed which ensures the legal validity of the marriage license. These documents may need to be translated into the language of the foreign country. Furthermore, in returning to Canada a foreign marriage certificate which is not in a primary Canadian language of either English or French, will be required to be accompanied by a translated version of the document.
The significance of proper paperwork
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Without the proper paperwork, there can be uncertainties surrounding a foreign marriage. It is imperative that individuals choosing to get married abroad follow the proper procedure to attain a marriage certificate whether it be foreign or domestic. Obtaining a marriage license in Canada before having a wedding abroad does not grant the couple a Canadian marriage. The priority for validation of the marriage in Canada is contingent on following the necessary procedure for marriage in the foreign country and complying with Canadian federal law around marriage, following the Civil Marriage Act.
Eliminating uncertainties around a marriage by possessing a marriage certificate ensures future legal circumstances requiring such legal documentation will be a smoother process. Legal circumstances requiring a marriage certificate can consist of but are not limited to:
- Applying for social benefits
- Filing for divorce
- Settling an estate
- Tax filing
Is a marriage certificate required to have a valid marriage in Ontario?
In Ontario, an exception to the marriage certificate requirement under the previously discussed, Civil Marriage Act, lies in section 31 of the Ontario Marriage Act.
Within the act Section 31 ‘Marriages solemnized in good faith’, provides couples who may not possess a marriage certificate to have their union validated as a marriage in Canada by demonstrating:
- The marriage is solemnized in good faith
- Intends to comply with Ontario Marriage Act
- Are not under a legal disqualification to contract
- Have cohabitated after solemnization of marriage
To reiterate, possessing a marriage certificate when looking to validate a marriage in Canada is of the utmost significance and should be a priority. While there are other ways to validate a marriage as previously discussed, having a foreign marriage certificate which is compliant with legislation ensures validity, as there is no formal re-registration process to validate a foreign marriage in Canada.
Is a Foreign marriage valid in Canada?
Yes, a foreign marriage will be valid in Canada as long as there is compliance with Canadian federal law, within the Civil Marriage Act and possesses the necessary paperwork, the marriage will be validated in Canada. There is no formal re-registration process for a foreign marriage in Canada; simply satisfying the requirements discussed validates a foreign marriage in Canada.
How can I prove my foreign marriage in Canada?
Possession of a marriage certificate from the foreign country where the wedding ceremony has taken place usually validates your marriage in Canada. It should be noted that a translation of the certificate may be required.
Do I need to alert Canadian immigration about my foreign marriage?
Yes, as a Canadian citizen you are expected to notify Canadian immigration of the marriage if you are applying for sponsorship of a foreign spouse and look to take advantage of any possible immigration benefits they may qualify for.
