Marriage Contract: Fact Sheet
By: Dwaine Nichol and Andrew Cortellessa
When entering into a marriage, the bride and groom may wish to sign an agreement detailing how assets will be divided if the marriage breaks down. Marriage contracts, often referred to as pre-nuptial agreements, can be drafted and signed before the marriage or during the course of a marriage. Depending on the jurisdiction, formal requirements may need to be met (i.e. agreement in writing, signatures, witnesses) before the contract is valid. A marriage contract can deal with each person's obligations in the marriage, upon separation, annulment or divorce, or division of assets when one spouse dies.
Applying for a marriage license
A marriage license is required before getting married. The license itself does not mean that you are married but that you can get married, within that province, at any time during the next three months. To obtain a license you must apply in person to the marriage license issuer in the community in which you intend to get married. The Director of Vital Statistics will provide a list of issuers for a particular area on request. Only one of you need apply for the license but you will need to supply the relevant documents for both partners. As well, a fee will be required at the time of the application. Please contact the appropriate Vital Statistics Office beforehand in order to confirm these details. The Marriage Ceremony
You may choose to have either a religious or civil ceremony, either type must be witnessed by at least two people. Religious ceremonies can be performed by any religious representatives registered with the Division of Vital Statistics under the Marriage Act for that Province. Civil ceremonies are performed by Marriage Commissioners, who are appointed by the Director of Vital Statistics and a fee is charged for this type of ceremony. Registering the Marriage
The religious representative or Marriage Commissioner who...
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