Difference between revisions of "Getting Married in British Columbia"

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m (Elena Renderos moved page Getting Married in British Columbia (No. 160) to Getting Married in British Columbia: Removing recording numbers from page names)
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{{REVIEWEDPLS | reviewer = Thomas E. Wallwork|date= August 2017}} {{Dial-A-Law TOC|expanded = relationships}}
 
{{REVIEWEDPLS | reviewer = Thomas E. Wallwork|date= August 2017}} {{Dial-A-Law TOC|expanded = relationships}}
You’ve decided to tie the knot. Congratulations! Learn the '''legal requirements to marry''' in British Columbia, as well as the steps involved (hint: you need a licence to get married).
+
You’ve decided to tie the knot. Congratulations! Learn the legal requirements and the steps involved to get married in British Columbia.
  
==Understand your legal rights==
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{{PLSStorybox
 +
| image = [[File:zach.png|link=]]
 +
| text = “My partner and I are getting married next month! Last week, I bought a marriage licence through a local notary public. I also hired a licensed marriage commissioner to do our ceremony. Within two days of the ceremony, she’ll send the paperwork to the government to get our marriage registered. After that, we’ll receive our marriage certificate. I can’t wait until we can put the 'Just Married' sign on the back of our car!”<br>
 +
– Zach, Williams Lake, BC
 +
}}
 +
 
 +
==What you should know==
  
 
===Who can get married in BC===
 
===Who can get married in BC===
Before you can get married in British Columbia, you must meet these qualifications:
+
Before you can get married in British Columbia, you must meet these qualifications at the time of the marriage:
*Each of you has to be '''unmarried'''; in other words, you can’t be in a marriage with someone else.
+
 
*You must '''not be too closely related''' to each other: you cannot marry anyone in your immediate family or any near relation.
+
* Each of you has to be '''unmarried'''. In other words, you can’t already be married to someone else. If you were married before, you need to be divorced before you can remarry.
*Each of you has to be '''19 years of age or older'''. If you’re under 19, you may still get married, but you need the agreement of both your parents or of your guardians. If you’re under 16, you need a court order to get married.
+
* You must '''not be too closely related''' to each other. That is, you can’t marry anyone in your immediate family or any near relative. This includes half-siblings, whether by birth or adoption.
 +
* Each of you has to be '''19 years of age or older'''. If you’re under 19, you may still get married, but you need your parents’ or guardians’ agreement. If you’re under 16, you need a court order to get married.
 +
* Both of you have to '''understand the nature of the ceremony'''. You also have to understand the rights and responsibilities that marriage involves.
  
In BC, and in the rest of Canada, opposite- as well as same-sex couples can marry. The rules that apply to same-sex couples are exactly the same as the rules that apply to opposite-sex couples.
+
{| class="wikitable"
 +
|align="left"|'''Tip'''
 +
In BC, and in the rest of Canada, opposite- as well as same-sex couples can marry. The marriage laws that apply to same-sex couples are the same as those that apply to opposite-sex couples.
 +
|}
  
 
===To get married, you need a licence===
 
===To get married, you need a licence===
You need a '''marriage licence''' to get married. At some time in the three months before your wedding date, you will need to buy a marriage licence.
+
You don't have to be a resident of British Columbia to get married here. Blood tests aren’t required. But you do need a '''marriage licence''' to get married.
 +
 
 +
At some time in the '''three months before''' your wedding date, you’ll need to get a marriage licence. We explain below how to get one.
 +
 
 +
If you don’t get married within three months, the marriage licence expires, and you’ll need to apply for a new one.
 +
 
 +
{| class="wikitable"
 +
|align="left"|'''Tip'''
 +
If one of you was '''married before''', you must show proof of your divorce before you can get a marriage licence. This is usually done by providing the original or certified true copy of your divorce order, certificate of divorce, or annulment.
 +
|}
 +
 
 +
===You can get married in a religious or civil ceremony===
 +
You can have a religious or civil marriage ceremony, or both. The person performing the ceremony must be licensed to perform marriages [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-282/latest/rsbc-1996-c-282.html under the provincial ''Marriage Act'']. For civil ceremonies, this person is known as a '''marriage commissioner'''. For religious ceremonies, they are known as a religious official.
  
To get a marriage licence, at least one of you has to go '''in person''' to a marriage licence issuer. There’s a fee of $100 for the licence. You need to show primary identification for both of you. Examples of primary identification are a birth certificate or citizenship card.  
+
Not all religious officials are licensed under the ''Marriage Act''. If you want, you can first be married in a civil ceremony. Then you can have a religious ceremony. If you do that, it doesn’t matter if the religious official is licensed to perform marriages because you’ll already be legally married.
  
If one or both of you was previously married, you must provide proof of the divorce before you can get the marriage licence. This is usually done by providing a copy of your divorce order or certificate of divorce.  
+
There’s no need for a public announcement of the marriage to be published before the marriage ceremony takes place.
  
Marriage licence issuers include Service BC locations, many insurance agents, and many notaries public. The BC government website has a [https://www.health.gov.bc.ca/cgi-bin/vs/marriage_offices.cgi search form] to lookup the location of the marriage licence issuer closest to you. Or you can contact the [https://www2.gov.bc.ca/gov/content/life-events Vital Statistics Agency], the government office that registers all marriages that occur in BC. They can be reached toll-free at 1-888-876-1633.  
+
===Your marriage will be registered===
 +
In BC, the marriage commissioner or religious official who conducts the ceremony will help you [https://www2.gov.bc.ca/gov/content/life-events/marriage register your marriage with the Vital Statistics Agency]. This is the government office that registers all marriages that occur in BC. We explain how this works below.
  
The marriage licence expires if you don’t get married within three months.
+
The person who conducts your ceremony may give you a document confirming your marriage. This can be used to prove you’re married before your marriage is registered and you receive your government-issued '''marriage certificate'''.
  
===You can get married in a religious or civil ceremony===
+
===If someone doesn’t agree with the marriage===
In either case, the person performing the ceremony must be licensed under the provincial ''[http://canlii.ca/t/846b Marriage Act]'' to perform marriages. Not all religious officials are licensed under the Act. For civil ceremonies, this person is known as a '''marriage commissioner'''.  
+
If someone believes there’s a reason why two people should not marry, they can try to stop the proceedings. This is done by filing a document called a '''caveat''' with a marriage licence issuer. In this case, a marriage licence will not be issued until:
 +
 
 +
* the marriage licence issuer has looked into the matter and is satisfied the caveat shouldn’t stop a licence from being issued, or
 +
* the caveat is withdrawn by the person who filed it.
 +
 
 +
If a caveat has been filed, you should speak to a lawyer.
  
The marriage ceremony must be held in the presence of at least two witnesses, in addition to the marriage commissioner or religious official.
+
==Steps to getting married==
  
If you wish, you can be married in a civil ceremony and then have a religious ceremony afterwards as well. If you have your religious ceremony second, it doesn’t matter whether the religious official is licensed to perform marriages, since you will have been legally married at the civil ceremony.
+
===Step 1. Get a marriage licence===
 +
To get a marriage licence, at least one of you has to go '''in person''' to a marriage licence issuer. You can go to any Service BC office. Many insurance agents and notaries public also issue marriage licences. The BC government website has a [https://www.health.gov.bc.ca/cgi-bin/vs/marriage_offices.cgi search form to help you find the marriage licence issuer closest to you]. Or you can [https://www2.gov.bc.ca/gov/content/life-events/marriage contact the Vital Statistics Agency].
  
It is not necessary that “banns of marriage” or some other public announcement of the marriage be published before the marriage ceremony takes place.
+
You both need to show “primary” government-issued photo ID, such as a birth certificate or a citizenship card. The licence costs $100.
  
===Your marriage will be registered===
+
===Step 2. Have the marriage ceremony===
The marriage commissioner or religious official who conducts the ceremony will help you register your marriage. At any wedding in BC, the couple, two witnesses and the official marrying them must sign the marriage licence and a '''registration of marriage''' form after the ceremony has been performed.  
+
The person performing the marriage ceremony must be licensed to perform marriages [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-282/latest/rsbc-1996-c-282.html under the provincial ''Marriage Act'']. See “What you should know,” above, for details.
  
The marriage registration form must be sent, within 48 hours of the ceremony, to the Vital Statistics Agency for registration. The person who conducts your ceremony will normally take care of this for you.
+
The marriage ceremony must take place in the presence of at least '''two witnesses'''. (The marriage commissioner or religious official don’t count as witnesses.)
  
The Vital Statistics Agency will send you a '''certificate of marriage'''.
+
===Step 3. Your marriage will be registered===
 +
After the marriage ceremony, the couple, two witnesses, and the official marrying them must sign the marriage licence, and a '''registration of marriage''' form.
  
The person who conducts your ceremony may provide you with a document confirming your marriage. This can be used to prove you are married before your marriage is registered with the Vital Statistics Agency and you receive your government-issued marriage certificate.
+
Within 48 hours of the ceremony, the registration of marriage form must be sent to the Vital Statistics Agency for registration. The person who conducts your ceremony will normally take care of this for you. If you’re not sure, ask them if they will.
  
===If someone objects to the marriage===
+
The Vital Statistics Agency will send you a '''marriage certificate'''.
Any person who believes there is some reason why two people should not marry can file a '''caveat''' with the Vital Statistics Agency. If this happens, a marriage licence will not be issued until the agency is satisfied the issuing of the licence shouldn’t be prevented or the caveat is withdrawn by the person who filed it. If a caveat has been filed, you should speak to a lawyer.
 
  
==Get help==
+
==Who can help==
  
 
===With more information===
 
===With more information===
The '''Vital Statistics Agency''' is the government office that registers all marriages that occur in BC.
+
The '''Vital Statistics Agency''' is the government office that registers all marriages that occur in BC.
:Toll-free: 1-888-876-1633  
+
 
:Web: [https://www2.gov.bc.ca/vitalstatistics gov.bc.ca/vitalstatistics]
+
* Call 1-888-876-1633 (toll-free)
 +
* [https://www2.gov.bc.ca/gov/content/life-events/marriage Visit website]
 +
 
 +
The wikibook ''JP Boyd on Family Law'', hosted by Courthouse Libraries BC, has information about how to get married in BC.
 +
 
 +
* [[How Do I Get Married in British Columbia?|Visit website]]
  
The wikibook '''''JP Boyd on Family Law''''', hosted by Courthouse Libraries BC, includes information on marriage.
+
==Free and low-cost legal help==
:Web: [http://wiki.clicklaw.bc.ca/index.php/Marriage_&_Married_Spouses wiki.clicklaw.bc.ca]
+
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].
  
 
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Revision as of 19:38, 2 October 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Thomas E. Wallwork in August 2017.

You’ve decided to tie the knot. Congratulations! Learn the legal requirements and the steps involved to get married in British Columbia.

What you should know

Who can get married in BC

Before you can get married in British Columbia, you must meet these qualifications at the time of the marriage:

  • Each of you has to be unmarried. In other words, you can’t already be married to someone else. If you were married before, you need to be divorced before you can remarry.
  • You must not be too closely related to each other. That is, you can’t marry anyone in your immediate family or any near relative. This includes half-siblings, whether by birth or adoption.
  • Each of you has to be 19 years of age or older. If you’re under 19, you may still get married, but you need your parents’ or guardians’ agreement. If you’re under 16, you need a court order to get married.
  • Both of you have to understand the nature of the ceremony. You also have to understand the rights and responsibilities that marriage involves.
Tip

In BC, and in the rest of Canada, opposite- as well as same-sex couples can marry. The marriage laws that apply to same-sex couples are the same as those that apply to opposite-sex couples.

To get married, you need a licence

You don't have to be a resident of British Columbia to get married here. Blood tests aren’t required. But you do need a marriage licence to get married.

At some time in the three months before your wedding date, you’ll need to get a marriage licence. We explain below how to get one.

If you don’t get married within three months, the marriage licence expires, and you’ll need to apply for a new one.

Tip

If one of you was married before, you must show proof of your divorce before you can get a marriage licence. This is usually done by providing the original or certified true copy of your divorce order, certificate of divorce, or annulment.

You can get married in a religious or civil ceremony

You can have a religious or civil marriage ceremony, or both. The person performing the ceremony must be licensed to perform marriages under the provincial Marriage Act. For civil ceremonies, this person is known as a marriage commissioner. For religious ceremonies, they are known as a religious official.

Not all religious officials are licensed under the Marriage Act. If you want, you can first be married in a civil ceremony. Then you can have a religious ceremony. If you do that, it doesn’t matter if the religious official is licensed to perform marriages because you’ll already be legally married.

There’s no need for a public announcement of the marriage to be published before the marriage ceremony takes place.

Your marriage will be registered

In BC, the marriage commissioner or religious official who conducts the ceremony will help you register your marriage with the Vital Statistics Agency. This is the government office that registers all marriages that occur in BC. We explain how this works below.

The person who conducts your ceremony may give you a document confirming your marriage. This can be used to prove you’re married before your marriage is registered and you receive your government-issued marriage certificate.

If someone doesn’t agree with the marriage

If someone believes there’s a reason why two people should not marry, they can try to stop the proceedings. This is done by filing a document called a caveat with a marriage licence issuer. In this case, a marriage licence will not be issued until:

  • the marriage licence issuer has looked into the matter and is satisfied the caveat shouldn’t stop a licence from being issued, or
  • the caveat is withdrawn by the person who filed it.

If a caveat has been filed, you should speak to a lawyer.

Steps to getting married

Step 1. Get a marriage licence

To get a marriage licence, at least one of you has to go in person to a marriage licence issuer. You can go to any Service BC office. Many insurance agents and notaries public also issue marriage licences. The BC government website has a search form to help you find the marriage licence issuer closest to you. Or you can contact the Vital Statistics Agency.

You both need to show “primary” government-issued photo ID, such as a birth certificate or a citizenship card. The licence costs $100.

Step 2. Have the marriage ceremony

The person performing the marriage ceremony must be licensed to perform marriages under the provincial Marriage Act. See “What you should know,” above, for details.

The marriage ceremony must take place in the presence of at least two witnesses. (The marriage commissioner or religious official don’t count as witnesses.)

Step 3. Your marriage will be registered

After the marriage ceremony, the couple, two witnesses, and the official marrying them must sign the marriage licence, and a registration of marriage form.

Within 48 hours of the ceremony, the registration of marriage form must be sent to the Vital Statistics Agency for registration. The person who conducts your ceremony will normally take care of this for you. If you’re not sure, ask them if they will.

The Vital Statistics Agency will send you a marriage certificate.

Who can help

With more information

The Vital Statistics Agency is the government office that registers all marriages that occur in BC.

The wikibook JP Boyd on Family Law, hosted by Courthouse Libraries BC, has information about how to get married in BC.

Free and low-cost legal help

Options for legal help include legal aid, pro bono services, legal clinics, and advocates. See our information on free and low-cost legal help.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


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