What is marriage in Canada?

Marriage in Canada is a legal contract between two people who are equal under the law.
There are different ways of getting married.  You can get married in a religious ceremony of your choice.  If you are not religious, you can ask for a non-religious marriage performed by a public official.  This is called a civil marriage. 

Even though a religious marriage and a civil marriage look different, they are both legal contracts and governed by the same laws.  Once you marry someone, you are married until you get a divorce or until you or your spouse die.  This is the end of the contract of marriage.

Who can I marry?

In Canada, there are laws about who you can marry and under what conditions.  For example, you must be an adult at least 19 years old.  If you are between 16 and 18 years old, you must get the permission of your parents or guardians.   Young people under the age of 16 cannot marry.

Also, to get married you must understand what you are doing.  You can’t get married if you don’t know what you’re doing because of mental illness, drug use, or alcohol abuse. 

Also, you must agree to be married.  Nobody can threaten or force you to get married against your will.

You can marry someone of the opposite sex or the same sex.

Who can I not marry?

You cannot marry a close relative.  Under the law, close relatives include:

• parents
• brothers and sisters
• aunts and uncles
• nieces and nephews
• grandparents
• close cousins

Finally, you can’t marry someone who is already married.  Also, if you are married, you cannot marry again until you get a divorce.  Canadian law is very strict about this.  A marriage is between two people only.

Adapted from a Legal Services Society 2009 Booklet called Living Together Living Apart: Common-law relationships, marriage, separation, and divorce.

This Project is made possible through funding from the Government of Canada and the Province of British Columbia
 

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