If you were married religiously but did not register the marriage with the Director of Civil Status, are you married according to the Civil Code of Quebec and subject to the provisions of the Divorce Act?
In Droit de la famille — 212242 2021 QCCS 4889, the Court describes the substantive requirements for marriage:
- Two persons must give free and enlightened consent to be each other’s spouse, to the exclusion of all others;
- No person below the age of sixteen can get married;
- A person can only get married if every previous marriage has been dissolved by death or by divorce or declared null;
- Two people cannot get married if they are related in a way prevented by the Marriage Act (Prohibited Degrees).
In addition, to fulfil the formal requirements, the marriage must:
- Be contracted openly;
- In the presence of two witnesses;
- Before a competent officiant;
- Be publicized by a notice posted for 20 days before the date fixed for the marriage on the website of the registrar of civil status.
When celebrating a marriage, the officiant must:
- Ascertain the intended spouses’ identity;
- Ensure the intended spouses are free from any previous bond of marriage or civil union;
- Read Articles 392 to 396 C.C.Q. in the presence of the witnesses.
In Droit de la famille — 212242, the Honourable Karen M. Rogers, J.S.C. ruled that a marriage did exist between the parties, despite the fact that no act of marriage attesting to a marriage between the Parties existed, and some of the above-mentioned requirements were not met.
The law requires officiants to transmit a declaration of marriage to the Registrar of Civil Status following the solemnization of a marriage (the marriage ceremony). However, the failure to do so does not automatically entail that a marriage did not take place. The act of marriage is the means of proving its existence, but the solemnization of a marriage is what truly generates legal effects.
Any interested party who claims a marriage occurred may request that the Registrar conduct an investigation and draw up an act of marriage. In addition, the Superior Court can order the Registrar to insert an act of marriage into the Register.
In the case discussed above, at least 300 guests were invited to the religious ceremony and received invitations to that effect, the spouses consented to be married and willingly participated in the marriage ceremony. At least 200 guests attended the wedding and witnessed the parties’ religious ceremony. Following the ceremony, the parties and their guests celebrated the solemnization of the marriage.
According to Justice Rogers, a marriage must be recognized as a civil marriage in Quebec, and such a marriage can be contracted during a religious ceremony. In this case, the marriage was not publicized as required by law and the officiant did not read articles 392 to 396 of the Civil Code of Quebec during the ceremony. Nevertheless, the parties were found to have been legally married during their religious ceremony.
For any questions on whether a civil marriage occurred and its implications, or if you require assistance with obtaining a divorce, please contact our team of experienced attorneys for a consultation.
