Getting Married in Canada: A Newcomer's Complete Guide
By WelcomeAide Team
Quick Summary
- Marriage in Canada requires a provincial marriage licence, valid for 90 days in most provinces
- Both religious and civil ceremonies are legally recognized
- Foreign documents usually need official translation and possibly authentication
- Common-law relationships have legal recognition after 1 to 3 years depending on the province
- You can sponsor your spouse for permanent residence after marriage
Getting Married in Canada as a Newcomer
Getting married is an important milestone, and doing it in a new country involves learning a different set of rules and processes. Whether you are marrying another newcomer, a Canadian citizen, or sponsoring a partner from abroad, this guide explains the legal requirements, documents, and steps involved in getting married in Canada.
Marriage in Canada falls under provincial and territorial jurisdiction, which means the rules vary depending on where you plan to marry. However, certain federal laws apply everywhere, including the legal age for marriage (18 in most provinces, or 16 with parental consent in some) and the recognition of same-sex marriage across all provinces and territories.
As a newcomer to Canada, you do not need to be a Canadian citizen or permanent resident to get married here. Anyone can marry in Canada as long as they meet the legal requirements.
Step 1: Obtain a Marriage Licence
What Is a Marriage Licence?
A marriage licence is an official document that gives you legal permission to marry. You must obtain a marriage licence before your wedding ceremony. Without one, your marriage will not be legally recognized in Canada.
Where to Get a Marriage Licence by Province
The process and cost vary by province. Here are the details for major provinces:
| Province | Where to Apply | Cost | Validity |
|---|---|---|---|
| British Columbia | Any Service BC location or online | $100 | 90 days |
| Ontario | City Hall or municipal clerk | $140 | 90 days |
| Alberta | Registry offices | $40 | 90 days |
| Quebec | No licence required (publication of banns) | Varies | N/A |
| Manitoba | Vital Statistics Agency | $50 | 90 days |
In British Columbia, you can apply for a marriage licence at any Service BC location or through authorized marriage licence issuers. Both partners must appear together to apply.
Tip:
In BC, there is no waiting period between obtaining the licence and having your ceremony. In some other provinces, there may be a 24-hour or longer waiting period. Check the rules for the specific province where you plan to marry.
Step 2: Gather Your Documents
When applying for a marriage licence, you will generally need:
- Government-issued photo ID for both partners (passport, permanent resident card, or driver's licence)
- Proof of age (birth certificate or passport)
- Proof of marital status if previously married: divorce certificate, annulment decree, or death certificate of former spouse
- Social Insurance Numbers (if you have them, not always required)
Foreign Document Requirements
If your documents are not in English or French, you will need to have them officially translated by a certified translator. In some cases, you may also need to have foreign documents authenticated or apostilled by the issuing country's government.
For divorce documents issued outside Canada, some provinces require a legal opinion confirming the divorce is recognized in Canada. This is especially important if you were divorced in a country where Canadian authorities may question the validity of the process.
Important:
If you were previously married and your divorce was granted outside Canada, it must be recognized under the federal Divorce Act. If there is any doubt, consult a Canadian family lawyer before applying for your marriage licence. Marrying without a valid divorce can result in your new marriage being void.
Step 3: Choose Your Ceremony Type
Religious Ceremonies
Religious ceremonies are performed by a registered religious representative such as a minister, priest, imam, rabbi, or other faith leader. The officiant must be registered with the province to perform marriages. The ceremony follows the customs and traditions of the faith, and it is legally binding as long as the officiant is authorized and the marriage licence is properly filed.
Civil Ceremonies
A civil ceremony is a non-religious marriage performed by a marriage commissioner, justice of the peace, or other authorized civil official. Civil ceremonies can take place at city hall, a courthouse, or any location agreed upon with the commissioner. They are typically shorter and less expensive than religious ceremonies.
In BC, you can find a marriage commissioner through the BC Vital Statistics Agency. Commissioner fees vary but typically range from $75 to $300 depending on location and time.
What You Need at the Ceremony
- Your marriage licence
- Two witnesses who are at least 19 years old in BC (18 in most other provinces)
- Valid photo ID for both partners
- Your authorized officiant
Common-Law vs. Married
In Canada, you do not have to be formally married to have your relationship legally recognized. Common-law relationships are recognized under both federal and provincial law, though the definitions vary.
Federal Definition
For federal purposes (immigration, taxes, benefits), you are considered common-law if you have been living with your partner in a conjugal relationship for at least 12 consecutive months. This definition is used by the Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Revenue Agency.
Provincial Definitions
Provincial definitions differ. In BC, you are considered a common-law spouse after living together in a marriage-like relationship for 2 years. This affects property division and spousal support if the relationship ends. In Alberta, the threshold is 3 years or having a child together.
Did you know?
For immigration purposes, you can sponsor a common-law partner for permanent residence after 12 months of cohabitation, even without being married. You will need to provide substantial evidence of your relationship, such as shared bills, lease agreements, photos, and statutory declarations from friends and family.
Changing Your Name After Marriage
In Canada, marriage does not automatically change your legal name. If you want to take your spouse's surname, you must go through a formal process that varies by province.
In British Columbia, you can apply for a legal name change through the BC Vital Statistics Agency. The fee is $137. You will need to update your name on all your documents, including your driver's licence, SIN, passport, bank accounts, and immigration documents.
If you are a permanent resident and want to update your name with IRCC, you can request an amendment to your permanent resident card. If you are a citizen, you can apply for a new passport with your new name.
Sponsoring Your Spouse for Permanent Residence
If you are a Canadian citizen or permanent resident and have married someone who is not yet a permanent resident, you can sponsor them through the IRCC Family Sponsorship program. The processing time for spousal sponsorship applications is approximately 12 months.
Key requirements for sponsoring your spouse:
- You must be at least 18 years old
- You must be a Canadian citizen or permanent resident
- You must prove your relationship is genuine (not for immigration purposes)
- You must sign an undertaking to financially support your spouse for 3 years
- You cannot sponsor if you are receiving social assistance (except for disability)
If your spouse is already in Canada, they may be eligible to apply for an open work permit while the sponsorship application is being processed.
Marriage Checklist for Newcomers
- Check legal requirements in the province where you plan to marry
- Gather and translate all foreign documents
- Verify your divorce is recognized in Canada (if previously married)
- Apply for a marriage licence together at the appropriate office
- Choose and book your officiant (religious or civil)
- Arrange two witnesses who meet the age requirement
- File your marriage certificate after the ceremony
- Update your name on all documents if you choose to change it
- Apply for spousal sponsorship if applicable
- Update your tax filing status with CRA
How WelcomeAide Can Help
Getting married in a new country involves navigating unfamiliar systems and paperwork. WelcomeAide's programs help newcomers understand the processes and requirements for major life events in Canada.
Our multilingual AI chat assistant can answer your questions about marriage licences, name changes, and spousal sponsorship in your preferred language. Learn more about us, explore our impact, or browse more settlement guides on our blog.
Congratulations on your upcoming marriage. Take the time to understand the legal requirements, and enjoy this special chapter of your new life in Canada.