Marriage Licences

How to get a marriage license:

• Print, complete, and sign the Marriage License Application.
• Bring the completed Marriage License Application (with additional requirements that may be a requirement as outlined below under Annulment or Divorce) and two pieces of valid identification (for each partner) to the Town Hall, 1 Municipal Centre Drive, Fort Erie.
• Pay the license fee of $130 in-person with cash or debit. Cheques are not accepted.

Identification

Either partner can submit the marriage application form in person. The form must include original signatures for both parties. In addition, two pieces of original valid identification for both parties is a requirement. Documents in another language must have a certified translation, and all documents must be original. Photocopies or expired documents are not accepted.

The first piece of identification must be any of the following:

Government-issued birth certificate, including any change of name certificates

• Valid passport
• Record of immigrant landing
• Canadian citizenship card

The second piece of identification must be a government-issued photo identification, including the following:

• Valid driver's license
• Valid passport
• Valid Ontario Photo Card

Marriage licenses get issued at the time of application as long as all information and identification are correct.

Licenses are valid anywhere in Ontario for 90 days from date of issuance.

There are no requirements respecting residency, pre-marital blood tests or medical certificates.

Who may Marry?

Any person who is at least 18 years of age may marry. The Ontario Court of Appeal's decision on June 10, 2003, ruled that same-sex couples have the right to be legally married. No person under 16 years of age may marry. Any person 16 or 17 years of age (other than a widow, widower or divorced person) may marry with the written consent of their legal guardian. A special consent form from the Customer Service Unit is available for this purpose.

If consent is a requirement, and it is not forthcoming or is refused, an application can be brought to a judge to dispense with consent.

Annulment or Divorce

Suppose the applicant or joint applicant has been previously married and the marriage was dissolved or annulled in Canada. In that case, the original or a Court-certified copy of the final Certificate of Divorce or Certificate annulling the marriage must be presented to the issuer of the Marriage License.

An original Certificate of Divorce may be available and purchased from the Court Office in the City the divorce was granted. For marriages annulled outside Canada, see further information under "Authorization" below.

Remarriage following the Death of a Spouse

If an earlier marriage dissolved due to the presumed death of a spouse, a court order declaring the presumed death of the spouse is a requirement. An Issuer of Marriage Licenses can provide more information upon request.

Authorization

Suppose an earlier marriage was dissolved or annulled in a jurisdiction other than Canada. In that case, applicants must get authorization from the Minister of Consumer and Business Services before a marriage license may be issued.

To get this authorization, the applicants or a lawyer must submit the following:

The Office of the Registrar General

P.O. Box 4600

189 Red River Road

Thunder Bay, Ontario P7B 6L8

Applicants must submit the following:

Both applicants signed a completed marriage license application.

A copy of the decree of divorce or annulment (certified by the proper court officer in the jurisdiction the divorce/annulment was granted) or sealed by the court. Include a certified translation if the decree is in a language other than English or French.

A Statement of Sole Responsibility for each divorce signed by both applicants. Blank affidavits are available from the local Issuer of Marriage Licenses.

A legal opinion of an Ontario lawyer, addressed to both applicants, gives reasons why the divorce or annulment should be recognized in the Province of Ontario.

Publication of banns

A marriage may be solemnized under the authority of the publication of banns where both parties to the proposed marriage worship in Canada.

No one may marry under the authority of the publication of banns if there was a previous marriage (dissolved or annulled). Further information on marriage under the authority of the publication of banns may be obtained from a member of the clergy.

Who may perform a marriage ceremony in Ontario?

• A municipal clerk or designate. Note: The Town of Fort Erie Clerk or designate does not conduct ceremonies.
• A member of the clergy registered under the Marriage Act.
• A judge or justice of the peace.