Legal Assistance for Marriage or Civil Union in Gatineau
In Quebec, two types of conjugal unions are subject to specific regulation: marriage and civil union. The regulations surrounding marriage and civil union primarily concern the formation and existence of the union. The law sets out requirements for the validity of the celebration, conditions of substance and conditions of form necessary for the validity of the marriage and/or civil union. Failure to comply with these conditions could result in the nullity of the matrimonial or civil union relationship.
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Marriage
Marriage is the commitment of two people who are at least 16 years old (and who have obtained the permission of the court if they are not 18 years old) who publicly express their free and informed consent to live together and to respect the rights and obligations associated with this civil status. This is a civil act that can be celebrated civilly (e.g. at the courthouse) or religiously (e.g. in a place of worship).
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Civil Union
Civil unions consist of the commitment of two persons, aged 18 or above, who publicly express their free and informed consent to live together and to respect the rights and obligations associated with this civil status. Created in 2002 primarily for same-sex couples, this type of union is exclusive to Quebec. In addition, since 2005, same-sex marriage has been legal in Canada.
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The rights and obligations arising from these two types of unions are the same. However, there are differences in the age requirement and the dissolution process.
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The Officiant
To be valid, the marriage or civil union must take place before a "competent" officiant, i.e. one recognized by law. Notaries, empowered by law to receive notarial acts, can perform marriages throughout Quebec only.
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Before the Celebration
The officiant is responsible for ensuring that the future spouses or partners meet the legal requirements before proceeding with the celebration. To do so, he can arrange a meeting with them to obtain all the information he is obliged to verify (surnames, first names, addresses, age, civil status, civil status documents). The law requires the officiant to ascertain the identity and capacity of each of the future spouses or partners.
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Publication of the Notification of Marriage or Civil Union
The publication of a notification of marriage or civil union is a legal obligation that serves to publicly announce one's intention to get married or to enter into a civil union. Publication of a notification allows people to object, under certain conditions, if they have valid reasons for doing so. The request for publication of a notification of marriage must be made at least 21 days before the date scheduled for the celebration, the officiant must submit a request for publication of a notification of marriage or civil union to the Director of Civil Status.
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After the Celebration
Within 30 days of the celebration of the marriage, the officiant must send the original Declaration of Marriage form, duly completed and signed, to the Director of Civil Status. As for spouses in a civil union, the original Declaration of Civil Union form must be sent to the Director of Civil Status without delay. The Director of Civil Status will then draw up the marriage or civil union certificate and enter it in the Civil Status Register of Quebec. He will send a letter to the spouses confirming the registration of the event in the civil status register.
With their knowledge of family law, our competent notaries will advise you, during a consultation, on the choice of matrimonial regime and its implications, on the protective measures to be favoured in the case of a de facto union, and on the duties and obligations of the spouses. In addition, we are qualified to draw up valid and authentic marriage or civil union contracts. We welcome you with warmth and respect for your requests so that the ceremony will meet your expectations. Contact us for more information or to make an appointment with us.
