Planning a wedding? Here are certain legal aspects that your wedding planner won’t be telling you any time soon.
- In Canada, marriage for civil purposes is the lawful union of two persons to the exclusion of all others. In other words, same-sex marriage is legal, although religious officials aren’t obligated to perform marriages that are not in accordance with their religious beliefs.*
- Polygamy isn’t legal in Canada at the moment.^ However, under the Ontario Family Law Act,# a spouse in a polygamous marriage is recognized if the marriage was celebrated in a jurisdiction whose system of law recognizes it as valid.
- Persons related by blood or adoption are not prohibited from marrying each other by reason only of their relationship, unless they are related lineally, or as brother or sister or half-brother or half-sister.** In other words, marriage between cousins is entirely legal in Canada.
- It is a crime for foreign nationals to marry Canadian citizens or permanent residents only to gain entry into Canada.^^ In many cases, sponsors and foreign applicants arrange a “marriage of convenience”: a marriage or common-law relationship where the sole purpose is for the sponsored spouse to immigrate to Canada.
- If you have been divorced in a foreign country and wish to re-marry in Ontario, you’ll need to get an opinion letter from a lawyer indicating whether the divorce is recognized in Canada before you can be isseud a marriage licence.##
* Civil Marriage Act, S.C. 2005, c. 33
^At the time of writing (February 2010), it’s debatable whether the criminal ban on polygamy is constitutional or not.
#R.S.O. 1990, c. F.3
** Marriage (Prohobited Degree) Act, S.C. 1990, c. 46
^^Criminal Code, R.S.C. 1985, c. c.46, see also Immigration and Refugee Protection Regulations, SOR/2002-227
## Marriage Act, R.S.O. 1990 c. M3, see also Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.)
Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.
