Disclaimer

This site is intended as general knowledge only and is not a substitute for proper legal or professional government social services information. If you have more questions, consult a qualified lawyer or knowledgeable government clerk.

FAQs

Frequently Asked Questions

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If your question is not here, please ask at the bottom of the page and we'll try our best to find your answer(s). If you include your e-mail (hidden or not) then we'll both post on the blog and send you an e-mail with your answer(s).

CAN SAME-SEX COUPLES MARRY IN CANADA?

Yes. (Since July 20, 2005)

CAN I MARRY SOMEONE, IF I AM MARRIED TO SOMEONE ELSE? EVEN IF THAT MARRIAGE WAS/IS IN ANOTHER COUNTRY?

No. You cannot marry someone else when you are already married, not even if it was not in Canada. This is bigamy and is a crime (that you can be charged and/or jailed for) in Canada and a lot of other countries. A Certificate of Divorce and other documented proof would need to be included when you applied for your next marriage license. If it was in another Country there are also more complications. Visit the page Marrying After Divorce...

CAN I MARRY SOMEONE, IF I AM IN A CIVIL UNION, DOMESTIC PARTNERSHIP ETC. WITH SOMEONE ELSE?

No. Legal statuses like these, and all other legally binding unions that equal the rights of a marriage are viewed as marriage in Canadian law and this would also be charged as bigamy. After this relationship fails, you will need a dissolution or court-separation. This certified and documented proof would need to be included when you applied for your next marriage license.

WE WERE MARRIED IN A DIFFERENT COUNTRY, DO WE HAVE TO GET MARRIED AGAIN IN CANADA?

No. Canada recognizes your marriage. But would you like to checkout our  Renewing vows page?

CAN I MARRY THE SAME PERSON WHO I AM IN A CIVIL UNION OR DOMESTIC PARTNERSHIP WITH?

Yes.

 IF I MARRY MY SAME-SEX PARTNER IN CANADA, WILL OUR MARRIAGE BE ACKNOWLEDGED IN THE UNITED STATES.

Your marriage will be respected as a marriage in the following places:
  • Massachusetts
  • Conneticut
  • Iowa
  • Vermont
  • New Hampshire
  • New York
  • Maine
  • Maryland
  • Washington State
  • District of Columbia
  • Rhode Island
  • New Mexico
Your marriage will be respected as a civil union in the following places:
  • New Jersey
  • Illinois
  • Delaware
Your marriage will be respected as a domestic partnership in the following places:
  • California
  • Nevada

CAN SAME-SEX COUPLES MARRY ANYWHERE ELSE IN THE WORLD OTHER THAN CANADA?

Yes! Most countries have residency requirements for marriage. Speak to an attorney with knowledge of Marriage in the area where you are planning to get married as well as consequences of getting married outside your country. The following countries allow same-sex couples to marry.
  • Netherlands
  • Belgium
  • Spain
  • Norway
  • Sweden
  • Portugal
  • Iceland
  • Argentina
  • Denmark
  • Mexico City

WHAT'S THE DIFFERENCE BETWEEN THE FORM, OUR MINISTER/ OFFICIANT SIGNS AND THE MARRIAGE CERTIFICATE FROM THE GOVERNMENT. WHY CAN'T WE JUST USE THE FORM GIVEN TO US BY OUR MINISTER/OFFICIANT?

Certificates from your wedding service are required as proof for the government that a marriage has taken place. They are not legal but a memento from your minister/ officiant or wedding venue.Your minister/officiant sends the government this proof that the wedding happened for their own records. The government is not obligated to send you anything. You must purchase your marriage certificate from the government (usually to change your name, but some use it only as a keepsake).

I AM NOW MARRIED. WHERE IS OUR MARRIAGE CERTIFICATE?

For the majority of provinces, you do not automatically get a marriage certificate if you get married. The Marriage records are kept with the government and when a legal document confirming that you are married (i.e. a name change or assuming a name) you can purchase a Certificate of Marriage from Vital Statistics offices and/or websites in your province.

WHAT IF I DON'T HAVE/ CANNOT FIND MY ORIGINAL BIRTH CERTIFICATE?

A Birth Certificate are issued by the province where you were born and is used as identification to apply for other personal and identifications documents and certificates like passports and Marriage Licenses or Certificates of Marriage, Death etc. To get another one, use a money order, or credit card to pay for your new birth certificate no personal checks and apply to your province; some regions will have you include a form notifying your last one was destroyed or lost. When you receive it, do not carry it with you on a daily basis, but keep it at home in a safe place.
WHAT SIZE BIRTH CERTIFICATE/ MARRIAGE CERTIFICATE/ LEGAL NAME CHANGE CERTIFICATE DO WE NEED?


There is both a small certificate (wallet sized) 9.5x6.4cm or a large certificate 21.6x17.8cm available from every province (for differing fees depending on the province). The majority of organizations that require these certificates to change your name do not care which of the sizes you use.

http://www.servicealberta.gov.ab.ca/pdf/vs/LCN_Certificate_Website.pdf


DO MARRIAGE LICENSES EXPIRE?

Yes. If you have not gotten married within (usually) 90-days (3-months) of receiving your license from your city, it will expire. This means do not get your license more than 3-month before your wedding.

 CAN MY HUSBAND/ I, AS THE HUSBAND/ I, AS A MAN CHANGE MY NAME AFTER MARRIAGE?

 Yes, of course. Exact same way as a woman as long as the man's name is on the marriage certificate.

AM I REQUIRED TO GO THROUGH WITH THE NAME CHANGE PROCESS IF I AM ONLY HYPHENATING MY LAST NAME WITH MY HUSBAND.

Yes. A hyphenated name is still treated like a new last name and requires a legal (formal) name change.


DOES IT COST MONEY TO CHANGE MY NAME?

If you are assuming your partner's name (change everything but your birth certificate) and you contact the proper places yourself: Only the cost to order your marriage certificate. If you buy a "kit" or pay someone else to change your name for you it may cost between $25-$100 depending.

If you legally change your name (change everything including your birth certificate) it can cost between $60 and $200 in government fees as well as the cost to order your marriage certificate. Likewise if you buy a kit or hire someone else to change your name for you, their fee compounds on the provincial filing fees.

ONCE I START THE PROCESS, MUST I CHANGE EVERYTHING IMMEDIATELY OR CAN I WAIT IN-BETWEEN/ TAKE A BREAK/ ONLY DO SOME?

Changing your name will obviously take time and authorities understand this but the sooner you finish filing the appropriate paperwork and contacting everyone with your new name the sooner you know longer have it all hanging over your head. It can get complicated if you drive with your drivers license in your maiden name but get detained crossing the Canadian-US border with your passport in your new assumed name (this might even be a problem traveling by plane). Our advice is to do everything at once or in as small amount of time as possible.

WHY DO I NEED TO HAVE MY FINGERPRINTS TAKEN?

Fingerprints are required for every person in the Change of Name application that is 12 years of age or older in many provinces. The scans or proofs are required to send to the RCMP in Ottawa to connect any possible criminal records to the new legal name. Fingerprints are not kept on file after processing.




WHAT SHOULD I CHANGE MY NAME ON FIRST? IS THERE AN ORDER OF THINGS?

In Ontario, generally you can do your Health card and Drivers license at the same time in person at a Service Ontario desk. From there, you can more easily change your name on accounts with both your newly changed Drivers license as well as marriage certificate. This saves you money on buying multiples of your marriage certificate as different institutions and organizations require different levels of identification to change your name in their records.

CAN I COMPLETE THE NAME CHANGE PROCESS ENTIRELY BY MAIL?

Not unless you have extenuating circumstances. For example you are out of the country or prevented from being mobile or leaving your home. Most all agencies will accept your name change by snail-mail, e-mail, fax, or phone but for picture-cards you will most likely to asked to appear in person in case your appearance has changed as well as your name or it has a been a long time since your last picture or convenience or by-request or if they now institute picture-cards and your previous card had no picture. (i.e. Ontario health cards)
 

HOW MANY COPIES OF THE MARRIAGE CERTIFICATE SHOULD I ORDER?

One should be enough but it depends on you and your needs. As mentioned above, if you buy multiples you can mail out several requests at the same time, but many institutions can be faxed, seen in person or will simply accept your newly changed drivers license instead. You may find yourself waiting for the marriage certificate to come back before sending it out again and that is time to for things to go wrong.

WHAT IF I STILL DON'T HAVE TIME TO CLICK ON YOUR LINKS, AND I WANT TO PAY SOMEONE TO DO IT ALL FOR ME?

Check out our Links page for services like this. Though we do endorse doing it yourself as then you know its done and done the right way!


CAN I START CHANGING MY NAME BEFORE THE WEDDING?

Though not generally endorsed, you can prepare paperwork or find the proper authorities to contact before you get married. Remember you need your marriage certificate to change your name.

However, we advise waiting until after the honeymoon (if you choose to have one) before changing your name in order to avoid trouble between your official documents and identification while traveling. We also advise waiting until after the wedding... Ya know, just in case the wedding does not happen.

WHO WILL BE NOTIFIED OF MY NAME CHANGE?

Your new name will be public and published in a monthly journal. This is part of the Name Act of Canada. The only way to avoid publication is to obtain a Court of Queen's Bench order dispensing with the publication of the legal change of name in each Provincial online Gazette publication.

Others notified of your name change automatically will be:
  • the Clerk of the Supreme Court of your province
  • RCMP (Ottawa)
  • Vital Statistics Office of the province of birth
 WHO CAN ORDER A LEGAL NAME CHANGE CERTIFICATE?
  • The person whose name was legally changed.
  • Someone with written consent from the person whose name was legally changed.
  • A parent or guardian with proof or a copy of guardianship papers.
  • An executor of the person's estate (need proof of death and executor-status)
WHAT IS A RESTRICTED PHOTOCOPY? WHY WOULD I NEED ONE?

 A Restricted Photocopy is a certified (with seal and stamp) photocopy of the registration you signed (as well as your spouse, officiant or minister and [people] during your wedding ceremony.

 A Restricted Photocopy is not generally needed by citizens and is not used for identification. It would sometimes be used for genealogical purposes.
Any more questions? Just Ask.



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1 comment:

  1. Anonymous6 November 2013 at 14:19

    Do we need a marriage license to renew our vows?

    ReplyDelete

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