 |
Ontario
Marriage Laws
You
must be 18 years of age to get married. It is illegal to
marry if you are under 16. Anybody 16 or 17 years of age
(other than a widow, widower or divorced person) may marry
with the written consent of his/her legal guardian. A
special consent form is available for this purpose from your
local municipal office.
If any person whose consent is required is unavailable or
refuses to consent, an application may be made to a judge to
dispense with consent.
Here's the drill if your marriage was dissolved or annulled:
a) If the marriage was dissolved or annulled in Canada, you
will need to show the original or court-certified copy of
the final decree, judgment or certificate of divorce.
b) If the marriage was dissolved or annulled outside Canada
you will have to get the authorization of the Minister of
Consumer and Commercial Relations. This requirement is
explained in more detail below.
c) Where the earlier marriage of one of the parties was
terminated by the presumed death of a spouse, a court order
declaring the presumed death of the spouse must be obtained.
An issuer of marriage licences can provide more information
upon request.
--------------------------------------------------------------------------------
How One Marries
A marriage may be solemnized under the authority of a
licence or the publication of banns.
1. Marriage Licence
A licence to marry may be obtained from the issuer of
marriage licence's at your local municipal clerk's office.
At least one party to the proposed marriage must apply in
person. However, the application must be signed by both
applicants.
The issuer may require proof of age of either party. (if
only one party is applying, he/she must bring proof of age
of the other party.) All minors must submit proof of age.
There are no requirements respecting residency, pre-marital
blood tests or medical certificates.
A marriage licence is valid for use anywhere in Ontario. The
licence expires 3 months after the date of issue.
There is a fee charged for a marriage licence.
2. Publication of Banns
A marriage may be solemnized under the authority of the
publication of banns where both parties to the proposed
marriage worship regularly at their own church in Canada.
No one may marry under the authority of the publication of
banns if there was a previous marriage (dissolved or
annulled). Further information concerning marriage under the
authority of the publication of banns may be obtained from a
minister or a member of the clergy.
--------------------------------------------------------------------------------
Who Can Officiate
A marriage ceremony in Ontario may be performed by:
a) A minister or member of the clergy registered under the
Marriage Act.
b) A judge or justice of the peace. Local court offices and
municipal offices may provide the names of judges or
justices of the peace who perform civil marriage ceremonies.
Civil Ceremony
A civil ceremony by a judge or justice of the peace may only
be conducted under the authority of a marriage licence. The
date and time of the ceremony must be arranged by the
applicant. The applicants must also arrange for two
witnesses to be present at the ceremony.
There is an additional fee for civil ceremonies.
--------------------------------------------------------------------------------
Authorization
An applicant whose former marriage was dissolved or annulled
in a jurisdiction other than Canada must obtain
authorization from the Ontario Minister of Consumer and
Commercial Relations before a marriage licence may be
issued. To obtain this authorization, the applicants or a
lawyer representing them must submit the following to the
Office of the Registrar General, P.O. Box 4600, 189 Red
River Road, Thunder Bay ON P7B 6L8:
1. A completed marriage licence application signed by both
applicants.
2. A copy of the decree of divorce or annulment (certified
by the proper court officer in the jurisdiction the
divorce/annulment was granted) or sealed by the court. If
the decree is in a language other than English or French,
you must include a certified translation.
3. A statement of Sole Responsibility for each divorce
signed by both applicants. Blank affidavits are available
from the local issuer of marriage licences.
4. A legal opinion of an Ontario lawyer, addressed to both
applicants, giving reasons why the divorce or annulment
should be recognized in the Province of Ontario.
--------------------------------------------------------------------------------
|
|
|
