How old do I have to be?
People must be at least 18 years of age to get married. If they are between the ages of 16 and 18, they can get married if they have the written consent of both sets of parents.
Who can marry who?
Marriage is legal for both opposite sex and same sex partners everywhere in Canada.
There is a federal law, Marriages (Prohibited Degrees) Act that prohibits marriages between people who are related in certain ways. A person cannot marry his or her child, parent, grandchild or sibling, whether that relationship is by blood or by adoption.
Can people be married to more than one person?
In Canada, polygamy -- being married to more than one person at the same time -- is prohibited under the Criminal Code, although this offence has almost never been prosecuted for more than 100 years.
Despite this law, there have been bigamous and polygamous marriages in Canada. Sometimes people come to Canada from a country that permits polygamy. Often, if the second or subsequent marriage has taken place in Canada, it has been in a religious ceremony that does not meet the legal requirements for a civil marriage.
This means the women in those marriages are very vulnerable -- they may believe they are legally married and would have the protection of Canadian laws if the marriage ends, but this may not be the case.
Confusingly, some provincial family law about property division and spousal support recognizes polygamous marriages if they were performed in a country where polygamy is legal. This means that, in some circumstances, women in a polygamous marriage may have some rights to a share of the family property and/or spousal support.
What if I got married somewhere else?
Canada recognizes foreign marriages if they were performed in a way that was legal in the country where they took place, whether or not that form of marriage is legal in Canada.
This Fact Sheet contains general legal information only. It is not a legal document, nor is it a replacement for legal advice. Anyone in a situation involving family, immigration or refugee law is strongly urged to meet with a lawyer to understand fully their rights and responsibilities, the legal options available to them and appropriate legal processes. A lawyer can interpret the law and provide advice based on the personal facts and information in the specific case.
For information about finding a lawyer in your community, contact Legal Aid Ontario at 1 800 668 8258 or 417 979 1446.
You can also visit Legal Aid Ontario online at www.legalaid.on.ca/en/locate/default.asp
Type/Format of Resource: Article
Category/Topic of interest: Woman Abuse; Legal Issues for women fleeing violence
Population Group: Friends & Family; Victims / Survivors; Health Care Service Providers; Social Service Providers; Legal Service Providers; Immigrant/Refugee Women; Criminal Justice ; Women with Disabilities/Deaf Women; Others; Aboriginal Women; Pregnant Women
Year of Publication: 2008
Associated Document:
Marriage Fact Sheet
(Acrobat PDF file)
Relates to Current Project: Understanding Family & Immigration Law through E-Learning
