Showing posts with label registering a marriage. Show all posts
Showing posts with label registering a marriage. Show all posts

Wednesday

"If I get married in another country can I just 'sign the papers' here?" (or "Registering a Marriage")

Here is yet another variation of a query for 'signing the papers', or 'registering a marriage'.  A couple just asked me: they had picked up a proper Ontario marriage license, and then went abroad and had a wedding, and thought we could now just 'sign the papers' certifying their foreign wedding.

Nope.  To get legally married in ONTARIO, and apply for an ONTARIO MARRIAGE CERTIFICATE, you must hold a short verbal legal wedding ceremony in ONTARIO, with a properly licensed Ontario Marriage Officiant, in front of two legal witnesses who hear and see the spoken ceremony.  Then you sign documents, immediately following.

Because what marries you is this legal ceremony, not 'signing the papers'.  It must be a short verbal ceremony, in front of your witnesses, and it MUST include the legal Mandatory Declarations from the Marriage Act.  It's not long, and the legal parts are of course not religious, but they must be followed.

THEN you can 'sign the papers' (Registry, Marriage License, Record of Solemnization), and your officiant will certify and file the papers with the Registrar in Thunder Bay within 48 hours.  After the data has been entered in the records of the Province, you can file for your Certificate of Registration (eg., "Marriage Certificate").

I seem to be discussing this weekly, so here is yet another reminder.
Please see:  Legal Weddings FAQ

Monday

How to 'Register' the legal Paperwork for a separate non-legal wedding ceremony (spiritual, religious or destination wedding)

Many people are planning destination weddings, or they've  been contacting us to 'register' their other wedding, or to 'complete the paperwork' for Ontario.

Remember, a legal wedding requires an actual verbal CEREMONY, not just a 'signing' of documents. FIRST: you must apply for and pick up your LEGAL MARRIAGE LICENSE. Once you have your legal marriage license, you must still hold a short verbal ceremony conducted by a legal officiant properly licensed in Ontario, in front of two witnesses.  The ceremony is brief, and includes statements by both of you that there is no reason you can't be married, and you have to repeat the official government vows to each other. The officiant must 'pronounce' you to be legally married in front of your witnesses.  The 'signing' part comes after this, and is simply recording that this legal ceremony occurred.

A legally licensed officiant will either blend the required legal sections into a traditional ceremony, or conduct this legal part before the other celebration.

After this short ceremony, your licensed officiant will forward your license to the Registrar General to complete the Registration of your change of legal status as a married couple.

Here's our FAQ on this process and the parts of a legal wedding.

"Signing the Papers", "Registering a wedding", "No ceremony", Here are the facts.

There has been a new flurry of new people asking us to "just sign the papers", "we don't want a ceremony, we just want you to 'register' the wedding" so we can get our "marriage certificate'.  "We're having (or we 'had') another wedding, so we need someone to 'register' the marriage, without a ceremony".  "Our (friend/relative/non-licensed  officiant) is going to marry us, can you please come and sign the papers".

I've written about this for 10 years, but I suppose we can't say this too often:  The Marriage Act of Ontario requires a SPECIFIC SPOKEN LEGAL CEREMONY to be held in front of witnesses, conducted by a LICENSED officiant, to make your marriage legal.  It is not the 'signing of papers', it is this specific VERBAL CEREMONY that makes the marriage acceptable by law.  The 'signing' or 'registering' is simply filling out the papers after the ceremony to PROVE to the Government, and the Registrar General, that the proper VERBAL LEGAL CEREMONY happened in front of witnesses.

If you are being married by a properly registered Religious officiant, they will include the legal parts of the ceremony with your spiritual ceremony.  If your religious or traditional officiant is not licensed by the Registrar General of Ontario to conduct official weddings,  you must find a LICENSED officiant to conduct a legal ceremony, or you are not officially married.

If anyone is offering to just 'sign the papers' for you - that is against the law. Or if anyone offers to simply 'sign the papers' for a non-licensed officiant, that is also illegal.

The required verbal ceremony is short, and follows the requirements of the Marriage Act of Ontario.  You must EACH speak the declarations, saying who you are, and that there is no impediment to your being legally married today, and then you must repeat the legal vows to each other, and the Officiant must properly pronounce you to be married.  The witnesses are signing the 'papers' afterwards, to show that they saw and heard you do and say these things.

You can add lots of other things to a legal ceremony - personal vows, readings, music, rings, cultural ceremonies  - but you CANNOT OMIT the sections required by the Marriage Act.

Please see:
Elements of a Simple Legal Marriage
Can my Sister, Dad, Uncle, Friend Marry US?
Posts about "Signing the Papers", Legal Marriage

Friday

Registering a wedding: First the ceremony - THEN 'signing the papers'

Here's a lovely couple from a small wedding in Trinity Bellwoods.  We're 'signing the papers', which means signing the Marriage License, Record of Solemnization and the Marriage Register, and then our 2 witnesses will sit down and sign after us, to show they were there and heard the couple.
But note, we sign papers only AFTER we have a simple spoken wedding ceremony, as required by the Marriage Act of Ontario.
You cannot just 'sign the papers' to have a legal wedding.  The actual signing of documents is attesting that you have held a spoken marriage ceremony in front of 2 legal witnesses, under the jurisdiction of a legally registered officiant.The 2 witnesses sign the 'papers' to swear that they WITNESSED (saw and heard) the legal ceremony;  where you both said out loud that you accept each other as your legal spouse, in the words required by the Marriage Act of Ontario.
And then you sit down and sign!!  The ceremony can be brief, simple, and short.  But you must have qa legal wedding ceremony to be legally married.

Wednesday

How to Plan a Simple Wedding in Toronto (full post)

HOW TO ELOPE or PLAN A SMALL WEDDING in Toronto
(here is the original list, moved from the First Page....)

1. Find partner. Propose. Rinse and repeat. You can be married anywhere in Ontario, indoors or out - from back yards to balconies to condo party rooms to a private room in a restaurant - but you may need a permit for some public spaces, esp. parks or waterfront.
3. Find all your IDs (passport, drivers license, birth certificate, divorce papers if relevant. If you have been divorced or widowed, bring documents and information regarding the previous marriage and spouse. You MUST disclose all previous marriages, including those in other countries. If you have been divorced OUTSIDE CANADA there are more requirements.
4. Decide if either of you will change your name. Not required in Ontario, and you do not have to make this decision when you apply for the Marriage License.
5. LICENSE  information
https://www.toronto.ca/services-payments/venues-facilities-bookings/getting-married/step-1-applying-for-a-marriage-licence/
The cost in Toronto is currently about $140.  It is good for 90 days. You may get a marriage license from any municipality in Ontario, and use the license in Toronto or another Ontario city. 
6. Find a Marriage Officiant who is licensed to conduct legal marriages in Ontario. Check to make sure they are legally  registered.
[NOTE: Humanist Officiants are technically classified as RELIGIOUS 'clergy' by the Province - because thre is no category for 'ethical but not religious' in the province.  However, we perform Non-Religious, secular marriage ceremonies, legally equivalent to "Civil Marriages", much the same as a Justice of the Peace, but with more personal touches. 
We emphasize ethical rather than religious traditions and we also conduct other cultural rites of passage -  baby-namings, coming of age, funerals, etc., much the same as 'religious' clergy, but without any references to religion. We use poetry, (from Shakespeare to Leonard Cohen or Margaret Atwood) rather than scriptural texts.]
Here are some Sample Humanist wedding ceremonies

7. Choose your legal witnesses, 2 persons over age 18.
8. Buy a ring or two (not actually required by law). Yes, you can have tattooed rings. Or wooden rings. Or one ring. Or none.
9. Buy some flowers, or not - your choice, but nice, even at a corner deli - bring ribbons and pins!
10. Discuss your ceremony wishes with the officiant. You can ask for sample ceremonies, and discuss writing your own vows, or other personal touches. Some parts of the ceremony are legal requirements, but much of it may be customized. Most elopements are simple 15 minute ceremonies. 
11. Meet your officiant, exchange your vows, pledge your lives into the others keeping. Kiss.
12. Sign the license. Witnesses sign the license. Officiant signs license with official date and time. You all sign the Marriage Register (your officiant's book of recorded weddings). Witnesses sign the Record of Solemnization, which is handed to you to keep as a record of your marriage.
13. The officiant will congratulate you, and take the signed license and THEY WILL REGISTER IT FOR YOU. Approximately 90 days later, you may apply for a Certificate of Registration of the Marriage, from the Provincial Office in Thunder Bay. That's the final step, and the Certificate is needed for passports or Driver's License changes.
14. Pop the champagne, and celebrate your new union!

And here is a post on 'jobs' for your friends and family to help you plan a small wedding.