A couple can book the hall, the photographer and the officiant in Toronto and still be turned away at the city clerk's counter, because one of them was divorced in Kyiv. Ontario's Marriage Act says no issuer may issue a licence to a person whose previous marriage was "dissolved or annulled elsewhere than in Canada" without the Minister's written authorization (s. 8(3)).
That authorization can take up to four weeks, a month lost if you first hear of it at the counter. The rest of a marriage licence with foreign papers is simpler: identification, proof that any earlier marriage has ended, and translations of what is not in English or French.
Below: each province's rules, divorces abroad, who may translate, and the paperwork after the wedding.
What documents do you need for a marriage licence in Canada?
Three things, in every province: identification, proof that you are free to marry, and parental consent or a court order if you are under the age of majority. Federal law sets the outer limits: nobody under 16 may marry, and nobody may "contract a new marriage until every previous marriage has been dissolved by death or by divorce or declared null by a court order" (Civil Marriage Act ss. 2.2 and 2.3).
You do not need to live in the province. Ontario's officiant guide states there is "no requirement for the parties to the marriage to be residents of Ontario", and Alberta has "no residency or citizenship requirements". The licence only works where it was issued: Ontario does not accept a licence from another province, and an Alberta licence is valid only for a ceremony in Alberta.
How do the provinces compare?
| Ontario | British Columbia | Alberta | Quebec | |
|---|---|---|---|---|
| Where | Municipal office (some accept online applications) | Marriage licence issuers listed by the province | Registry agents | No licence: interview with the officiant, then a 20-day public notice |
| Cost | $75 provincial fee plus any municipal administrative fee | $100, including the first marriage certificate | $40 government fee plus the agent's service fee | Fees vary by officiant |
| ID | Two pieces of government ID per person, one with photo; foreign passports and birth certificates accepted | Primary ID such as a birth certificate, immigration document or PR card; passport "in some circumstances" | Acceptable government photo ID | Birth certificate or a copy of the act of birth |
| Age without consent | 18 | 19 | 18 | 18 (16 and 17 need a court's authorization) |
| Divorced in Canada | Final decree, final judgment or certificate of divorce | Wait until the divorce order takes effect | The final document, such as a Certificate of Divorce | Certified copy of the divorce certificate or final judgment |
| Divorced abroad | Written authorization from ServiceOntario first | Issuer may ask for "other evidence" (Marriage Act s. 16(4)) | Final divorce document, translated if not in English | Accepted as proof; the officiant can require court recognition if in doubt |
| Translations | Professional translator plus a written declaration; for the divorce authorization, an affidavit sworn by a certified translator | Not specified on the licence page | "Check with a registry agent for translation requirements" | Member of OTTIAQ plus the translator's sworn declaration |
Licences are valid for three months in Ontario, BC and Alberta, and BC and Alberta add that there is no waiting period. A Canadian divorce takes effect on the 31st day after the judgment (Divorce Act s. 12), hence BC's advice to wait.
What if you were divorced outside Canada?
In Ontario, you apply for a foreign divorce authorization before the licence. ServiceOntario's Marriage Office wants:
- The Marriage Licence Application form, completed and signed.
- A Statement of Sole Responsibility for each divorce, signed by both partners and a witness.
- A legal opinion letter from an Ontario lawyer, addressed to both of you, "giving reasons why the divorce or annulment should be recognized in Ontario".
- The divorce decree or annulment, as a copy in English or French, or with "a translated copy and an affidavit sworn by a certified translator".
Everything is mailed to the Marriage Office in Thunder Bay, processing "may take up to 4 weeks", and the authorization comes back by courier, so the mailing address on the form must be complete. If the authorization is refused, the Act allows an application to the Divisional Court for judicial review (s. 8(4)).
Read the Statement of Sole Responsibility before signing: you acknowledge that a licence "does not necessarily imply" that the foreign divorce "would be recognized as valid by the Courts of the Province of Ontario".
The lawyer's letter matters because recognition is a legal question. Under Divorce Act s. 22(1), Canada recognizes a foreign divorce if either spouse was "habitually resident" in that country for at least one year before the proceedings began, and s. 22(3) keeps other recognition rules alive; the lawyer applies them to your decree.
Elsewhere the path is lighter. Alberta asks for the final divorce document and refuses one that says the marriage will be dissolved after a period, because the registry cannot tell whether the divorce became final. Quebec accepts a foreign judgment as proof, but if the officiant "doute de la validité ou de la prise d'effet d'un jugement", you will be asked to apply to court for recognition of the foreign judgment. For the divorce papers themselves, see divorce document translation.
Who can translate documents for a marriage licence?
It depends on the province and the document, and two offices name a specific kind of translator:
- Ontario, documents for the licence (a foreign birth certificate used as ID, for example): "translated by a professional translator" with "a written declaration from the translator".
- Ontario, the foreign divorce authorization: "an affidavit sworn by a certified translator". In Ontario, "certified" is a title reserved for ATIO members who have passed its certification, so confirm with the Marriage Office what it will accept before you order. Do not assume a translation from Official Translations meets this requirement.
- Alberta: divorce and annulment documents "that are not in English must be translated", with the requirements set by the registry agent. Its Vital Statistics page for applications from outside Alberta asks for "notarized translations" of non-English documents.
- Quebec: "une traduction officielle, c'est-à-dire un document traduit par un membre de l'Ordre des traducteurs, terminologues et interprètes agréés du Québec", plus the translator's sworn declaration. Only an OTTIAQ member can provide it, and an Official Translations translation does not meet it.
- British Columbia: the licence page sets no rule, but the issuer may ask for "further affidavits or other evidence" before issuing.
Whoever translates, the translation must be complete: court name, case number, the date the judgment became final, stamps and seals. See what a certified translation is.
What if your previous spouse died, or the marriage was annulled?
A widowed applicant in Ontario submits the spouse's death certificate, a funeral director's statement of death or a court order declaring the spouse dead. Alberta needs no death certificate. Quebec asks for the death certificate or a copy of the act of death. A foreign death certificate not in English or French needs the same translation as a divorce decree; see death certificate translation.
Annulments must come from a court. Alberta states that "religious and tribunal annulments are not accepted", consistent with the federal rule that a marriage must be "declared null by a court order".
What happens after the wedding?
The officiant sends the registration to the province, and the marriage certificate follows: BC includes the first one in the licence fee, while in Ontario you must apply for it. That certificate, not the licence, is the document other offices want.
For immigration. IRCC's sponsorship guide says your documents "must show that the marriage was legally registered with the government where it took place" and that "a record of solemnization (obtained in Canada) or marriage license will not be accepted". Order the provincial certificate before you sponsor. See spousal sponsorship documents.
For your name. Ontario, BC and Alberta let you use a spouse's surname without a legal name change, and Ontario updates your health card and driver's licence free when you show the marriage certificate. In Quebec, "le mariage n'a pas pour effet de vous faire adopter le nom de votre conjoint", even if you married elsewhere and live in Quebec. See changing your name in Canada.
For use abroad. Since January 11, 2024, a Canadian marriage certificate going to a country in the Apostille Convention gets an apostille from the issuing province's authority or Global Affairs Canada, then a translation into the local language. See apostilles explained.
Why licence applications get delayed
- No foreign divorce authorization in Ontario. The clerk cannot issue the licence without it.
- A divorce order instead of the final document. Ontario notes that "a divorce order issued by a judge is not the same as a certificate of divorce", and Alberta refuses documents that do not show the divorce is final.
- A translation from the wrong translator for Ontario's divorce authorization or for a Quebec officiant.
- A religious annulment offered as proof of single status.
- Names that do not match. A decree spelling the name "Iuliia" next to a passport reading "Yuliia" invites questions. Give the translator your passport spelling.
Checklist: before you apply for a marriage licence
Questions people ask
Do I need special approval to marry in Ontario after a divorce abroad?
Yes. Ontario's Marriage Act bars issuers from issuing a licence to someone divorced outside Canada until the Minister authorizes it in writing. You send ServiceOntario's Marriage Office the application, a Statement of Sole Responsibility, an Ontario lawyer's opinion letter and the divorce decree, and processing can take up to four weeks.
Who can translate my foreign divorce decree for Ontario's authorization?
ServiceOntario asks for "a translated copy and an affidavit sworn by a certified translator". "Certified" is a reserved title in Ontario, held by ATIO members who have passed its certification, so confirm with the Marriage Office what it accepts before ordering. Other Ontario licence documents need only a professional translator's translation with a written declaration.
Can foreigners or visitors get married in Canada?
Yes. Ontario has no residency requirement, Alberta has no residency or citizenship requirement, and a foreign passport is accepted as identification. Marriage alone gives no immigration status; that requires an IRCC application such as spousal sponsorship.
Does my foreign passport need to be translated for a marriage licence?
Rarely. Ontario's list of acceptable ID includes foreign passports, and passport data pages normally show the holder's name in Latin letters. A foreign birth certificate or national ID card used as identification usually does need translating.
What proof of divorce do I need if I was divorced in Canada?
In Ontario, a copy of the final decree, the final judgment or a certificate of divorce, not the judge's divorce order. Alberta wants the final document, such as a Certificate of Divorce, and BC asks you to wait until the divorce takes effect, normally on the 31st day after the judgment.
Is a religious annulment enough to remarry?
No. Federal law requires a previous marriage to be dissolved by death or divorce or "declared null by a court order", and Alberta states that religious and tribunal annulments are not accepted. A civil divorce or a court annulment is needed first.
How much does it cost to translate a divorce decree, and how long does it take?
Official Translations charges CA$39.95 per page, and the translator's sworn affidavit is CA$24.95 per document where an office asks for one. A one-page certificate is usually delivered within 24 hours, and a longer court decision typically takes one to three business days.
