What clients ask her
- Can a notary celebrate my marriage? What is the procedure? What documents must I provide? Must I be accompanied by two witnesses? What is a notice of publication? Is there a waiting period before the marriage can be celebrated?
- To marry civilly, the future spouses must choose a competent officiant. This is an essential condition for the validity of the marriage. Since 2002, Québec notaries have also been able to celebrate civil marriages, giving couples the opportunity to make their union official in a setting that is at once legal, personalized and solemn.
- The law imposes several important responsibilities on the officiant, notably to verify the identity of the future spouses and to ensure that there is free and informed consent to the marriage. These responsibilities fit naturally with the role of the notary, whose practice already rests on verifying the identity, capacity and consent of the parties.
- As a public officer, the notary is particularly well placed to act as officiant of a civil marriage. The notary’s role consists notably in verifying the identity of the future spouses, their legal capacity and the validity of their consent.
The requirements of the law
Before celebrating a marriage or a civil union, the notary must notably ensure that the future spouses meet the conditions set out by law. Among other things, the notary verifies that they are of the required age, that they are free of any marriage or civil union bond incompatible with the planned union, and that their consent is free and informed.
A judgment of separation from bed and board does not end the marriage. A married person will therefore have to obtain a divorce judgment before being able to enter into a new marriage. The notary verifies the identity of the future spouses and their marital status by means of the documents required by law.
When the law requires it, a notice of publication of the marriage must be published before the celebration. This formality informs the public of the planned marriage and replaces the former publication of banns. The notary ensures that this legal requirement is met before proceeding with the celebration.
In exceptional circumstances and for serious reasons, a dispensation from publication may be obtained. During a meeting with the notary, the notice of publication is prepared, and the future spouses must then be accompanied by an adult witness able to attest to their identity.
The witness present at the preparatory meeting does not have to be one of the witnesses who will attend the celebration of the marriage. However, the witness must know both future spouses. Otherwise, two witnesses will be needed. Their role is to attest to the accuracy of the information in the notice of publication, notably the identity of the future spouses, their date of birth and their place of birth.
Your meetings with your notary are also an opportunity to discuss the matrimonial regime best suited to your situation and, if needed, to prepare a marriage contract. To be valid, this contract must be executed as a notarial act.
To make preparing your marriage easier, be sure to gather the required documents before your meeting with the notary. You will also need to arrange for an adult to act as witness when the notice of publication is prepared.
The place of the celebration
The notary can celebrate a civil marriage at the place and time agreed upon with the future spouses, subject to the requirements set out by law. This flexibility makes it possible to organize the ceremony in a setting suited to their needs and preferences.
When a future spouse is unable to travel for health reasons duly attested by a medical certificate, the marriage can be celebrated where that person is, with the agreement of the officiating notary.
The notary can celebrate a civil marriage at any place agreed upon with the future spouses, provided the chosen place respects the solemn character of the ceremony and is appropriately set up for it.
By choosing a notary as officiant, the future spouses enjoy greater flexibility in choosing the place of the ceremony. The marriage can be celebrated in various places, provided the chosen place respects the solemn character of the event and is appropriately set up. Before the celebration, the notary makes sure the chosen place meets the requirements set out by law.
The officiating notary nevertheless retains the option of accepting or refusing a proposed place of celebration if it does not meet the requirements set out by law. It is therefore important to discuss your plans with your notary so as to choose together a place that respects the solemn character of the ceremony and the applicable legal requirements.
The celebration
During the celebration of the marriage, the notary reads to the future spouses certain provisions of the Civil Code of Québec on the rights and obligations arising from marriage. This reading takes place in the presence of two witnesses.
These provisions deal notably with respect, fidelity, succour and assistance between spouses, living together, and the family and financial responsibilities arising from marriage. It is therefore important that the future spouses understand the legal scope of their commitment.
Do not hesitate to discuss these questions with your notary before the celebration. The notary can inform you not only of your rights and obligations arising from marriage, but also of its other legal effects, notably the creation of the family patrimony. After reading the rights and obligations of spouses, the officiant receives their consent and declares them united in marriage.
After receiving the spouses’ consent, the officiant has them sign the declaration of marriage, which is also signed by the witnesses and by the officiant. This declaration is then sent to the Directeur de l’état civil and serves as official proof of the marriage.
Preparing the ceremony is also an opportunity to discuss with your notary how you would like it to unfold, notably the exchange of rings, readings, music or any other element that personalizes this important moment.
Your notary remains available to answer your questions and guide you in preparing the ceremony. Drawing on experience, the notary can also suggest options so that the ceremony reflects your wishes while meeting the legal requirements.
The rules applicable to the celebration of marriage also apply to the civil union, subject to the adaptations provided by law.
