It is possible to get married abroad, but each country has its own requirements concerning the formalities that must be respected. The actual ceremony is governed by the law of the place where the celebration occurs, or the law presiding in the country of residence or country of nationality of either spouse. However, Quebec law determines whether the future spouses meet the basic conditions entitling them to marry.

If both of you are from Quebec, the rules for marrying abroad are relatively simple: you must adhere to the law in Quebec as well as the law that applies in the country where your marriage will be performed.

Obviously, more complicated situations can arise. For example, if you are from Quebec and you marry an Italian while travelling in Spain, several territorial jurisdictions are involved (in our example: Canada, Italy, and Spain), so it is preferable to consult a lawyer. In fact, the formalities may vary depending on the situation and you will have to take questions of private international law into account.

Regardless of the country in which you wish to marry, you must adhere to the following conditions if your marriage is to be valid in Quebec:

• the future spouses must be at least sixteen (16) years old. If they are minors, consent must be given by the parents or people holding parental authority;
  
• both future spouses must be capable of giving free and enlightened consent at the time of marriage (the marriage would be invalid if one of the spouses consented due to threats);
  
• the future spouses must be free of any previous marriage or civil union bond at the time of marriage (even if they have been separated for a number of years). If either spouse has already been married, he or she must be legally divorced or be a widow or widower. If a spouse has a previous civil union, the union must be dissolved;
  
• the marriage ceremony must be before two witnesses and performed by an officiant who is qualified in the country when the ceremony takes place. The consulate of the country where you would like to marry can inform you regarding qualified officiants;
  
• the future spouses must not be related to each other in a degree prohibited by law. Thus, marriages cannot take place between brother and sister, father and daughter, mother and son, grandfather and granddaughter, or grandmother and grandson. However, marriage between cousins is allowed.

A marriage abroad will be automatically recognized if it is valid according to the law of the country where it was contracted and if all the conditions listed in the previous question have been respected.

It is also recommended that you register the marriage certificate granted by the foreign country with the Quebec Registrar of Civil Status. One of the advantages of doing so is to facilitate dealings with Quebec departments and agencies.

To register their marriage with the Registrar of Civil Status of Quebec, the spouses must:

• be domiciled in Quebec;
  
• provide the Registrar of Civil Status of Quebec with evidence that they are domiciled in Quebec, as well as the original marriage certificate or a certified copy. The original or copy must be accompanied by a certified translation in French or in English done by a member of the Ordre des traducteurs et interprètes du Québec.

Not all countries have the same rules about the documents that the future spouses have to present and the formalities they must observe before their wedding. The embassy of the country where you wish to marry will inform you regarding the conditions to satisfy before you can get married on its territory.

For example, Peter and Diana decided to get married in Costa Rica. They called the embassy and learned that they must have the following documents:

• a certificate of civil status proving their single status (available at the Registry of Civil Status of Quebec);
  
• a divorce certificate if either of them has previously been married;
  
• a birth certificate.

In the case of Costa Rica, they must have each document certified by the Costa Rican consulate in Quebec before their departure.

Peter and Diane must have these documents with them at the time of the marriage ceremony, which will take place at the Costa Rican city hall of their choice. Two other people will act as witnesses.

Yes. A marriage validly contracted abroad has the same effects as any marriage solemnized in Quebec.

The spouses have the same rights and obligations towards one another. Other than living together, you must show respect, fidelity, and provide succour and assistance to each other. In addition, both spouses will have a major role to play in the life of the couple and family regarding decisions such as the location of the home, daily expenses, and the education and well-being of their children.

If you have a marriage contract, you are also bound to respect the terms of that contract. If you have not signed a marriage contract, you are automatically subject to the matrimonial regime of partnership of acquests (see the Infosheet that deals with this topic).

No, but you can, under certain conditions, sponsor that person through an application for permanent resident status in Canada. This sponsorship will last for three years from the date that person becomes a permanent resident, even if you divorce. Afterwards this person can, under certain conditions, apply for Canadian citizenship.

For more information on the conditions and the procedures for applying for permanent resident status or citizenship, consult Citizenship and Immigration Canada.