The wedding

One knee on the ground, her hand outstretched and the big question uttered from the tip of her lips, breathless … then the answer.
She finally lets out a “Yes”, without really understanding what has just happened.

Once the announcement has been made to family members, or even published on social networks, the process begins: quickly find a venue, a photographer, identify a season, a date, determine where the ceremony will take place and then the reception, and so on.

Without even realizing it, a legal process is taking shape.

Choice of ceremony

First, the couple must decide whether they want a religious or civil ceremony.
In Quebec, unlike in France, for example, both ceremonies produce the same legal effects.
All we have to do is choose a celebrant duly accredited by the law, to ensure that all formalities are respected.

Choice of celebrant

The following celebrants are recognized in Quebec:

The notaries

Clerks (or deputy clerks) of the Superior Court

Mayors, city councillors, borough councillors and other municipal officials (if the wedding is taking place in their municipality)

Any other person who requests it from the Minister of Justice (friend, family member, close friend, etc.) (under certain conditions).

Ministers of religion such as priests

Formalities

The officiant must then meet with the couple to obtain the necessary information for the marriage (names, ages, addresses, marital status, etc.).
The officiant must ensure that the future spouses are over 18 years of age, are not bound by marriage ties, and that their consent is free and informed.
Finally, the officiant must publish the banns at least 20 days before the wedding date.
This is a notice containing the personal details of the future spouses, as well as the planned wedding date.

Choice of matrimonial regime

It is at this time that the couple will have to determine the matrimonial regime applicable to their union, either the regime of separation as to property or partnership of acquests.
In the absence of a choice in a notarized marriage contract, the partnership of acquests will apply to the spouses.
This choice is crucial, since it will determine the effects of property division in the event of separation or the death of one of the spouses.
We strongly recommend that you consult a notary at this stage, to ensure that you are aware of your rights and obligations.

The Big Day

Finally, on the day of the ceremony, the marriage will be celebrated in front of the chosen officiant and two witnesses.
The officiant will read you certain articles of the Civil Code of Quebec regarding the rights and obligations of the spouses.
Once the articles have been read and the vows exchanged, the officiant will ask you if you agree to take your partner as your spouse, in order to validate your respective consents.
After the traditional “Yes, I do”, the officiant will declare the couple married and have the spouses and two witnesses sign the declaration of marriage.
This declaration, written proof of the marriage, will then be forwarded by the officiant to the Registrar of Civil Status within 30 days.
The latter will draw up the marriage certificate and register it with the State.

Once the declaration is signed, you are then considered married in the eyes of the State and society – so that all legal mechanisms take effect (tax implications, inheritance, division of property, etc.).