Marriage
The Civil Marriage Act 2005 defined marriage as the lawful union of two persons, making Canada the fourth country in the world to open marriage to same-sex couples. Capacity to marry is federal; solemnisation and licensing are provincial.
Key points
| Age | Federal minimum of 16, with provincial rules generally requiring parental consent or court approval below the age of majority |
|---|---|
| Polygamy | Prohibited; polygamy is a specific offence under the Criminal Code. |
| Licence | Issued provincially, valid for a limited period |
| Same-sex marriage | Nationwide since July 2005 |
| Non-residents | May marry in Canada; since 2013 non-resident same-sex couples can also divorce here in defined circumstances |
| Officiants | Provincially authorised religious and civil officiants |
 Quebec | Distinctive rules: the marriage does not change either spouse's name |
| Forced marriage | Criminal offence since 2015, including taking a child abroad to marry |
| Provincial licences | Issued by the province; validity periods differ |
| Registered officiants | An officiant registered in one province cannot marry you in another |
In practice
- Apply for the licence in the province where the ceremony will take place.
- Two witnesses are generally required.
- The officiant registers the marriage; order a certificate afterwards from the provincial registrar.
- Consider a marriage contract if you hold property in more than one province or country.
- Check the licence validity period in the province where the ceremony will take place.
- Non-residents should confirm recognition in their home country before travelling.
Cost and coverage
Licence fees of roughly a hundred dollars, plus officiant fees.
Recent changes
Canada's willingness to marry non-residents has made it a destination for couples from jurisdictions that do not recognise their relationship.
Where to go
- Provincial vital statistics agencies.
- Municipal clerks' offices for licences.
- Justice Canada for the federal framework.
Worth knowing
A marriage celebrated in Canada may not be recognised in the couple's home country, particularly for same-sex couples. Check the position at home before relying on it for immigration or inheritance. Canada allows non-residents to marry, but same-sex couples from countries that do not recognise such marriages faced difficulties until the Civil Marriage Act was amended to allow divorce here.
The general article: Marriage · Compare with another country
Partnerships and cohabitation
Federal law treats couples as common-law partners after one year of cohabitation for tax and benefits. Provincial law governs property and support, and diverges sharply: British Columbia treats two-year common-law couples as spouses for property division, Ontario grants support but no property sharing, and Quebec applies its own regime, including the parental union scheme in force since 30 June 2025.
Key points
| Federal (tax, benefits, immigration) | Common-law after 12 months of continuous cohabitation, or sooner with a child |
|---|---|
| British Columbia | Two years of cohabitation gives full spousal property rights |
| Ontario | Spousal support after three years, or with a child; no automatic property division |
| Alberta | Adult interdependent partners have support rights and, since 2020, property division |
| Quebec | No general regime; the parental union scheme applies to couples with a child born or adopted since 30 June 2025 |
| Death | Intestacy rules for common-law partners vary by province; several exclude them entirely |
| Federal recognition | Common-law status after one year for tax, benefits and immigration |
| Provincial divergence | Property rights differ sharply; Quebec has long excluded de facto couples |
| Quebec reform | A parental union regime now protects couples with children born after its entry into force |
| Support | Spousal support is available to common-law partners in most provinces |
In practice
- Find out what your specific province does — the differences are larger than most people expect.
- Sign a cohabitation agreement; it is enforceable everywhere with disclosure and independent advice.
- Make wills: in several provinces a common-law partner inherits nothing on intestacy.
- Update pension and RRSP beneficiary designations.
- Check your own province's rules: federal recognition does not create property rights.
- In Quebec, find out whether the parental union regime applies to your family.
Cost and coverage
Agreements and wills cost a few hundred to a couple of thousand dollars.
Recent changes
Quebec's parental union reform of 2025 narrowed the country's biggest gap, but only for couples who have a child after that date. Quebec introduced a parental union regime creating a protected family patrimony for unmarried parents.
Where to go
- Provincial family law information centres.
- Community legal clinics and legal aid.
- Éducaloi (Quebec) and equivalent public legal education bodies.
Worth knowing
Moving between provinces can change your legal position overnight: a couple treated as spouses in British Columbia may have no property rights at all after relocating to Ontario. Quebec's new parental union regime applies to couples with a child born after it came into force. Couples with older children remain outside it.
The general article: Partnerships and cohabitation · Compare with another country
Same-sex marriage
Marriage nationwide since 2005, after provincial courts had already opened it.
The Civil Marriage Act of 20 July 2005 made Canada the fourth country in the world to open marriage nationally, confirming a position already reached by court decisions in most provinces from 2003. Adoption is open across the country, parentage rules are provincial, and several provinces recognise more than two legal parents in defined circumstances.
Canada opened marriage through the courts first and the legislature second, which is why the federal statute of 2005 was less a turning point than a consolidation. The division of powers still shapes daily life: Ottawa defines marriage, the provinces define parenthood, and it is the second that generates most of the practical questions for couples with children.
Key points
| Marriage | Nationwide since 20 July 2005 |
|---|---|
| Route | Provincial court decisions from 2003, then federal legislation |
| Adoption | Available in every province and territory |
| Parenthood | Provincial; presumption for the birth mother's spouse in most provinces |
| Multi-parent families | Recognised in several provinces, including British Columbia and Ontario |
| Surrogacy | Altruistic only; payment is a federal offence |
| Discrimination | Canadian Human Rights Act and provincial codes |
In practice
- No residence is required to marry in Canada, which makes it a destination for couples from restrictive countries.
- A federal provision allows non-resident couples married in Canada to divorce there in defined circumstances.
- Parentage paperwork differs by province: check the rules where the birth will take place, not where you live.
- Paying a surrogate beyond reimbursed expenses is a criminal offence, however the arrangement is described.
Cost and coverage
A marriage licence costs roughly one hundred to one hundred and sixty Canadian dollars depending on the province, plus the officiant's fee. Provincial coverage of assisted reproduction varies widely.
Recent changes
Several provinces have modernised their parentage statutes to cover assisted reproduction and, in some cases, more than two legal parents — an area where Canada is among the most advanced.
Where to go
- Provincial vital statistics office, for the licence and registration.
- Provincial human rights commission, for discrimination.
- Fertility clinics, for donor and parentage documentation.
Worth knowing
Marriage is federal but parenthood is provincial: a couple recognised as two parents in one province may need to redo paperwork after an interprovincial move.
Frequently asked questions
Can foreigners marry in Canada?
Yes, there is no residence requirement. It is a frequent option for couples from countries that do not allow it. Divorce normally requires residence, but a federal provision allows non-resident couples married in Canada to dissolve the marriage there under conditions.
Is surrogacy allowed?
Altruistic surrogacy is lawful; paying a surrogate, or paying an intermediary to arrange one, is a criminal offence under federal law. Reimbursement of documented expenses is permitted. Parentage is then settled under provincial law, which differs significantly.
The general article: Same-sex marriage · Compare with another country
Religious ceremony
Outside Quebec, a registered religious officiant performs a legally valid marriage; a provincial licence is required first.
Marriage capacity is federal but solemnisation is provincial. Every province registers religious officiants, who then perform marriages with full civil effect. A licence must be obtained from the province beforehand, or in some provinces banns may be published instead. Quebec applies the same principle through the Civil Code, with competent officiants including ministers of religion, notaries and clerks.
Key points
| Licence | Provincial marriage licence obtained before the ceremony |
|---|---|
| Officiant | Must be registered with the province |
| Banns | An alternative to a licence in some provinces |
| Witnesses | Two |
| Registration | The officiant returns the documents to vital statistics |
| Quebec | Civil Code system, with a declaration of marriage to the Directeur de l'état civil |
| Provincial registration | Officiants are registered province by province |
In practice
- Verify the officiant is registered in the province where the ceremony takes place, not where they live.
Where to go
- Provincial vital statistics office.
- List of registered officiants held by the province.
- Service Ontario, Service BC and equivalents for licences.
Worth knowing
An officiant registered in one province cannot marry you in another. Check registration in the province where the ceremony will take place, not where the officiant lives. Registration is provincial. An officiant validly registered in one province cannot create a marriage in another.
The general article: Religious ceremony · Compare with another country
Wedding customs and ceremonies
British and French customs side by side, with distinct practices in Quebec and among Indigenous communities.
Canadian weddings borrow from several traditions at once. English-speaking provinces follow a pattern close to the British and American one; Quebec has its own customs, including the broom dance for an unmarried older sibling. Indigenous ceremonies — blanket ceremonies, smudging, the tying of a sash — are increasingly incorporated where families wish.
Canadian weddings borrow from British and French traditions depending on the region, and Quebec runs on its own conventions — including the civil ceremony being performed at the courthouse or by a designated officiant, and the older custom of the sock dance for an unmarried older sibling. Indigenous ceremonies, including smudging, blanket ceremonies and the exchange of tobacco, are increasingly incorporated with the guidance of an elder.
Key points
| Mixed traditions | British, French and Indigenous customs coexist |
|---|---|
| Broom dance | In Quebec, for the unmarried older sibling |
| Blanket ceremony | Indigenous rite wrapping the couple together |
| Late-night buffet | Expected at most receptions |
| Officiant | Must be provincially authorised |
| Names | Quebec does not allow a spouse's name to be taken |
| Licence | Provincial, with its own validity period |
In practice
- Officiant authorisation is provincial: confirm it before setting a date.
- Quebec's rule on names surprises couples moving from other provinces.
- A late-night buffet is not optional in most regions — guests expect it.
- Where Indigenous rites are included, they are led by the community, not by the couple.
What it costs
A Canadian wedding commonly costs between C$25,000 and C$35,000, with venue and catering dominating. Marriage licence fees are provincial and modest, typically under C$150.
Recent changes
Outdoor and destination ceremonies within Canada have grown, and several provinces have streamlined the licensing process online; Quebec has expanded the list of people who may solemnise a marriage.
Frequently asked questions
How do Quebec weddings differ?
Quebec has its own civil code: the ceremony is conducted by a designated officiant, there is no common-law marriage regime giving rights on separation, and the spouse keeps their own surname by law. Socially, the celebration runs later and the food matters more.
Can Indigenous elements be part of a wedding?
Yes, and they increasingly are, with the participation of an elder or knowledge keeper. The proper approach is to ask rather than to borrow: elements such as smudging or a blanket ceremony carry specific meaning and are offered by the community, not selected from a menu.
The general article: Wedding customs and ceremonies · Compare with another country
Matrimonial property and inheritance
Provincial property regimes, no estate tax but a deemed disposition at death, and wills variation claims in some provinces.
Property division on marriage breakdown is provincial: Ontario equalises net family property, British Columbia divides family property, Quebec applies the family patrimony and matrimonial regime. Canada has no estate or inheritance tax, but the deceased is deemed to have disposed of capital property at fair market value, which can create a large tax bill.
Key points
| Ontario | Equalisation of net family property; the matrimonial home is treated specially |
|---|---|
| British Columbia | Family property divided equally, including for two-year common-law spouses; excluded property concept for pre-relationship assets |
| Quebec | Family patrimony is mandatory; no forced heirship, so testamentary freedom is near-absolute |
| Wills variation | British Columbia allows spouses and children to vary a will that fails to make adequate provision |
| Tax at death | Deemed disposition of capital property; spousal rollover defers it |
| Registered plans | Beneficiary designations pass outside the estate in common law provinces |
| Probate fees | Provincial, ranging from negligible to significant |
| Provincial property law | Equalisation in Ontario, division of family property in British Columbia, partnership of acquests in Quebec |
| Matrimonial home | Given special protection in most provinces regardless of title |
In practice
- Get advice on the deemed disposition before transferring a cottage or rental property.
- Use spousal rollovers to defer tax where appropriate.
- Update beneficiary designations on RRSPs, TFSAs and insurance.
- In British Columbia, expect that a will excluding a child may be challenged.
- Name a spouse as the beneficiary of registered plans to defer tax on death.
- Check your province's treatment of the matrimonial home before agreeing to any settlement.
Cost and coverage
Legal and accounting fees for estate planning; probate fees vary sharply by province.
Recent changes
British Columbia's wills variation regime makes it one of the few common law jurisdictions where adult children can successfully challenge a will as inadequate.
Where to go
- Provincial law societies for referrals.
- Canada Revenue Agency guidance on final returns.
- Public legal education organisations in each province.
Worth knowing
The biggest surprise for Canadian families is the tax bill at death on a cottage or investment property that has appreciated for decades. Plan for it, or the property may have to be sold to pay it. Canada has no inheritance tax, but a deemed disposition at death can create a substantial income tax bill. Plan for liquidity, not for estate tax.
The general article: Matrimonial property and inheritance · Compare with another country
Divorce
The federal Divorce Act applies across Canada. The sole ground is breakdown of the marriage, established by one year's separation, adultery or cruelty. Property division is provincial, and differs significantly between provinces. The amendments in force since March 2021 replaced custody and access with parenting orders, and imposed a duty to consider family violence.
Key points
| Ground | Breakdown, shown by one year's separation, adultery or cruelty |
|---|---|
| Separation under one roof | Possible where the household has genuinely ended |
| Parenting | Parenting time and decision-making responsibility; best interests of the child, with family violence expressly considered |
| Relocation | Notice requirements and a structured test since 2021 |
| Child support | Federal Child Support Guidelines, table amounts by income and province |
| Spousal support | Advisory Guidelines used in practice, though not binding |
| Property | Provincial law: equalisation of net family property in Ontario, family patrimony in Quebec, and so on |
| One year | Separation for one year is the practical ground in almost all cases |
| Federal and provincial | Divorce is federal; property division is provincial |
| Child support guidelines | Table amounts based on income and province; departures are rare |
In practice
- You can apply jointly, which is quicker and cheaper.
- Both parties must exchange full financial disclosure — incomplete disclosure is the main cause of delay.
- Mediation is subsidised in several provinces.
- Do not remarry until the divorce is final and the certificate issued.
- Exchange full financial disclosure early: courts can set aside agreements made without it.
- If you plan to move with a child, give the statutory notice — failing to do so damages your position.
Cost and coverage
Court filing fees vary by province; legal aid is means-tested. Unbundled legal services are increasingly available for parts of the process.
Recent changes
The 2021 amendments introduced a duty to attempt family dispute resolution where appropriate, and a framework for addressing family violence in parenting decisions.
Where to go
- Provincial court family law information centres.
- Legal aid and pro bono family law clinics.
- Department of Justice child support tables, published online.
Worth knowing
The one-year separation period runs from the date of separation, not the date of filing — so you can file at any time and simply obtain the divorce once the year has elapsed. Property is provincial and the differences are large, particularly in Quebec. Where the spouses live in different provinces, take advice before filing.
General sources
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations