Among the topics that Arabs in Canada are looking for a lot is the issue of marriage and divorce in Canada because of their importance in the life of every Arab and Muslim person in Canada who wants to immigrate to Canada in the future and wants to know the law of marriage and divorce in this country.
In this article, we will learn everything you need to know about marriage in Canada, laws, and procedures, as well as the procedures, requirements, and papers needed to do so,
We will also discuss the issue of divorce in Canada, and here we will explain the divorce procedures in Canada, the divorce law in Canada, and many other issues related to the divorce procedure.
All about marriage and divorce in Canada
As we mentioned in the introduction, this article will cover everything related to the issue of marriage and divorce in Canada, and at the beginning, we will start with the issue of marriage in Canada.
Marriage Law in Canada
First, what you need to know is the law of marriage in Canada Under section 91(26) of the Canadian Constitution Act, of 1867, the Parliament of Canada has exclusive legislative authority over the provisions relating to marriage and divorce in Canada.
However, section 92(12) of the Constitution Act, of 1867 gives provincial legislatures the power to make laws regulating marriage in Canada.
Marriage in Canada can be either civil marriage or a religious marriage, and this is done according to the laws of each province and territory where marriage is regulated in Canada.
Marriage Procedures in Canada
Marriage procedures in Canada vary depending on the residence of the parties who wish to marry, and below we will outline the procedures for marriage in Canada and abroad
Marriage procedures for residents of Canada
The first step in the Canadian marriage process is to obtain a Canadian marriage license so that the spouses can legalize their marriage, after which the spouses must enter into their marriage, which procedures differ depending on the type of marriage they wish to have, whether it is a religious marriage or a civil marriage.
How to obtain a marriage license in Canada
To obtain this document, you must go to the municipality of the city in which you live, and present the documents for obtaining a marriage license in Canada, which are:
A valid passport, travel document, or Canadian residency permit;
Statement of responsibility and letter of opinion;
Divorce certificate or death certificate of former spouse if either party was previously married.
If the documents are in Arabic, they must be translated into English or French for those living in Quebec.
How to execute the marriage contract in Canada
Immediately after obtaining the marriage license, the marriage contract must be done, and here again, the method varies depending on the type of marriage, whether it is a religious or civil marriage.
1- Concerning religious marriage in Canada
For religious marriages in Canada, you must obtain the consent of the guardian, and then you must go to the religious institution of your religion, where you will contract your marriage.
When you get married in a religious institution, you must then go to the Canadian authorities to document your marriage contract.
2- For civil marriage in Canada
In case you do not want to celebrate a religious marriage in Canada, then you can contact your marriage in a civil way, you just have to obtain a marriage license and then make your marriage contract with the municipality in which you reside. after having reserved the date of the marriage application.
Marriage procedures outside of Canada
If one party is in Canada and the other is in another country, the person residing in Canada must travel to the country where the other party resides to enter into the marriage.
So what documents are required for both partners?
Documents required for a partner residing in Canada
- Birth certificate
- Criminal record (obtained by the person from the Canadian police or the Canadian police force, depending on their influence)
- Certificate of conversion to Islam (for Muslims)
- Certificate of Ability to Marry
- Certificate of Residence or Certificate of Citizenship if the partner is a Canadian citizen
- Passport
- Certificate of
- Certificate of personal income
- 4 recent personal photos
- A certificate from the Central Criminal Records Office for Foreigners can be obtained from a special unit of the Department of Justice.
Documents required for a partner residing outside Canada
- birth certificate + full copy
- criminal record or good conduct
- A certificate of celibacy or a certificate of divorce for divorced persons or a death certificate for a former partner for widows
- 4 recent personal photos
- 2 copies of identity card
- certificate of residence
- A medical certificate proving that the partner is free of contagious diseases
- If the partner is a foreigner, he/she must file an application for a mixed marriage authorization with the family court.
Legal age of marriage in Canada
Marriage can only be legal in Canada if the legal age of marriage in Canada is respected
Here are the basic rules about the legal age of marriage in Canada:
If you want to get married in Canada, you must be at least 18 years old, and in exceptional cases if you are 16 or 17 years old, the marriage can be completed with the written permission of your parents or the competent family court.
But there are different age rules in some Canadian provinces and territories.
But generally, throughout Canada, children under the age of 16 cannot get married, even with their parent’s permission.
It is also illegal to perform or participate in a marriage ceremony if you know that one of the parties is under 16.
Does marrying a Canadian citizen give you direct citizenship?
Marrying a Canadian or marrying a Canadian citizen does not automatically give you Canadian citizenship, as there are many procedures you must follow to become a Canadian citizen.
Divorce in Canada
Divorce in Canada is not much different, for example, from divorce in Morocco, divorce in Saudi Arabia or divorce in other countries.
And in today’s article on marriage and divorce in Canada, we will talk about the law and procedures for divorce in Canada.
Divorce Procedures in Canada
In order to obtain a divorce in Canada, both parties must have resided in Canada for at least one year,
The petitioner must file for divorce in a court that has jurisdiction over family law matters.
It is also a good idea to seek the advice of a qualified lawyer before filing for divorce in Canada.the lawyer can inform you of your rights and responsibilities and explain how the law applies to your situation, and can also explain other documents you may need to submit to the court.
Then, depending on where you live, you may be able to get Canadian divorce application forms and information from :
The website or office of the Department of Justice or the Attorney General in your province or territory;
general courts;
libraries.
How long does it take to get a divorce in Canada?
The Ontario Attorney General’s website estimates that divorce proceedings in Canada can take about four to six months, provided you submit all documents in a timely manner and there are no other documentation issues to be resolved.
How long does it take to remarry after a divorce in Canada?
In most cases, to remarry, you must wait 31 days after your divorce. You will need to prove that you are legally separated from your former spouse.
Divorce Fees in Canada
The total court fee for a divorce in Ontario is $632. The $212 deposit is due when you file for divorce, which includes a $202 court fee plus $10 for the federal Department of Justice.
An additional $420 court fee is payable before the divorce is considered by the court.
You may pay the court fees in cash, check, or money order, payable to the Minister of Finance. If you are unable to pay the court fees, you may be able to apply for a waiver of the payment of divorce fees in Canada.
That was our article today on marriage and divorce in Canada. If you liked the article, don’t forget to share your opinion in a comment below the article.
