Getting married abroad: How to prepare ?

To begin with, for the purposes of this article, the term "abroad" refers to any marriage that takes place outside Quebec. In practice, however, a marriage that’s celebrated in the rest of Canada will generally pose fewer difficulties than one that takes place in a more distant country, since the laws of other provinces share many similarities with Quebec law.

Things to check before saying “I do”

1- Understand the matrimonial regime that will apply to your marriage

In Quebec, as well as abroad, the default matrimonial regime that applies upon marriage is the partnership of acquests regime. Make sure this regime is right for you before getting married. And if you have questions about the types of matrimonial regimes or if you’d like a prenuptial agreement tailored to your needs, consult a notary. You could also have your prenuptial agreement drafted by a notary before you leave, and then celebrate your new union abroad.

PLEASE NOTE: Are you returning to Quebec and now wish to change your matrimonial regime or have a customized contract drawn up? It’s too late, unless both spouses agree to the change.

2- Make sure the marriage will be recognized in Quebec

Marriages performed in popular destinations, such as the South or Las Vegas, are generally recognized in Quebec. However, it is still best to check with a notary or the consulate representing the country where you plan to get married before taking any steps, since the recognition of a marriage performed abroad depends on several factors.

3- Verify the laws of the country where the wedding will take place

For a marriage to be recognized in Quebec, it must first and foremost be recognized in the place where it was celebrated. For example, if the marriage took place in the Dominican Republic, it must first be valid under the laws of that country.

These rules vary from one jurisdiction to another and may address questions such as:

• Who is legally authorized to officiate the marriage? A notary, a lawyer, a priest? The officiant must be legally authorized under the laws of that country. In some jurisdictions, authorization can be obtained by completing an online application.
• How many witnesses are required? Do the witnesses have to meet specific requirements, such as being a family member or having known me for a certain number of years?
• What text must the officiant recite?
• Do you need to file a marriage notice with the authorities before getting married?
  • For example, in Quebec, a marriage notice must be published by the Registrar of Civil Status at least 20 days before the ceremony. It is therefore important to begin the process several weeks in advance. Is there a similar publication requirement in the country where you will be getting married?

4- Have the required documents translated and submit them

Now that you are familiar with the legal requirements in the country where you will be getting married, you will likely need to provide various documents to the legal authorities in the location where the wedding will take place. For example, you may be asked to provide your birth certificates, which must be translated and authenticated to be recognized abroad. To do this, you’ll need to consult a notary or the foreign country’s consulate in Canada. You may also be asked to provide a medical certificate attesting to your health or, in the case of the bride, a certificate of virginity (yes, some countries still require one, so be sure to check in advance).

5- Having your marriage recognized in Quebec

Upon your return to Quebec, you should receive a document from the authorities in the country where you were married certifying the marriage. It is now time to register your marriage with the Registrar of Civil Status, in other words, with the Quebec government if you live in Quebec.

If your marriage was celebrated before a Quebec notary, you do not need to take this step, since your marriage is already registered and recognized by Quebec.

Good to know: Have you been putting off registering your marriage? If all the steps mentioned above were completed properly, you would still be married in Quebec. However, when the time comes to file legal documents, such as a will, the process will be much more complicated and could generate costs. The notary may need to verify the documents related to your marriage, have them translated, or have them legally recognized. Registering your marriage is therefore the simplest and fastest way to prove that you are married.

The federal government will be notified of your marriage when you file your next tax return.

MYTH OR FACT?  Contrary to popular belief, there is NO grace period for annulling a marriage (unless there are serious grounds, such as mistaken identity). So think carefully if you’re partying in Vegas and considering getting married on a whim without giving much thought to the consequences!

Is it a good idea or not?

If you're comfortable with the process, why not?

Our advice, however, is to get married in Quebec (for example, before a notary) to take care of the legal aspects of the marriage, and then celebrate wherever you’d like with a symbolic ceremony. This is by far the simplest and most reliable option, and one that can help you avoid unpleasant surprises.