Fred Duckett
tourist marriage
Posted on: 01/23/2012 11:51
This is my understanding of our marriage laws.
Our long standing marriage laws for all people require, that a couple must be a resident of Canada for one year in order to get married and the same for a divorce. So people cannot pop in get married and pop out.
For people who wish to pop in and get married we have what is called a tourist marriage.
Is this true?
Can someone explain this to me?
Is the license is it marked tourist.
What is the legality of it?
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DKS
Fred Duckett wrote: This is
Posted on: 01/23/2012 12:51
This is my understanding of our marriage laws.
Our long standing marriage laws for all people require, that a couple must be a resident of Canada for one year in order to get married and the same for a divorce. So people cannot pop in get married and pop out.
For people who wish to pop in and get married we have what is called a tourist marriage.
Is this true?
Can someone explain this to me?
Is the license is it marked tourist.
What is the legality of it?
I think you are really confused...
There has never been anything but a "marriage" under Canadian law. Some provinces had a three-day waiting period following application for a marriage license, and some have not. Currently, no province has a waiting peopld, that I know of. In Canada, a marriage certificate is a marriage certificate. If you are qualified to marry under a provincial Marriage Act and under the federal Civil Marriage Act, you are free to be married in Canada. No waiting. There is no such thing as a "tourist marriage", not has there ever been, to my knowledge. Divorce requires a 1 year residency, however.
revjohn
Hi Fred Duckett, Fred
Posted on: 01/23/2012 22:53
Hi Fred Duckett,
Our long standing marriage laws for all people require, that a couple must be a resident of Canada for one year in order to get married and the same for a divorce.
I believe that your understanding is in error. There is no residency requirement in Canada for marriage. As DKS points out various jurisdictions (Provinces or Territories) do have a built in delay between when the marriage license is purchased and when the marriage can take place (I gather this is to deter impulse marriages).
While most provincial applications for marriage ask for both members of the couple to give their current address there is nothing dictating that the couple must reside in Canada. I don't remember the most recent applications I filled out in the province of Ontario even asking citizenship status of the couple.
There is, so I understand from recent events, a divorce requirement. Meaning that in order to obtain a divorce in Canada one has to have been a resident of Canada for at minimum a one year period (and I'm guessing that is the one year period prior to filing for divorce and not some one year period several years prior to the wedding.
So people cannot pop in get married and pop out.
Yes, actually, they can. Unless the Province of Newfoundland and Labrador has changed their application process since 2005. In 2000 (the year of the Viking Millennium) clergy on Newfoundland and Labrador's Great Northern Peninsula received a large number of requests for Viking themed weddings (includinging period costume) from couples from various parts of North America and Europe.
While I didn't preside (they appeared distressed that I wanted to dress as a Berserker) at any I did make inquiries for several couples as to what they would need to be legally wed in the Province. There was a three day minimum waiting period between the purchase of the application and when the service could be legally held. Applications also expired after 90 days if not filled out.
To the best of my recollection the application asks for place of birth, parent's place of birth, residence at time of marriage and where the marriage took place. There is no place to indicate if the couple together or in part are tourists.
It would appear that you have been misinformed or mislead.
Grace and peace to you.
John