Marriage in Canada
A bill granting full marriage equality to same-sex couples in Canada became law on July 20, 2005. Marriage licenses are now available to same-sex couples nationwide.
Since marriage laws in Canada do not have residency requirements, same-sex couples who travel from the United States to Canada could also get married there.
Canadian Marriage for U.S. Couples
It is unclear whether the U.S. government will recognize the legitimacy of Canadian marriages between same-sex couples who return to the United States and try to exercise their rights, such as filing joint income taxes or claiming Social Security survivor benefits.
The Human Rights Campaign suggests checking with an attorney to get legal advice about your situation before deciding to marry in Canada. Couples should also read the marriage advisory issued by the leading gay, lesbian, bisexual and transgender legal organizations on this topic.
Legal Requirements
In British Columbia, Newfoundland & Labrador, Nova Scotia, Ontario and Yukon Territory, applicants for a marriage license must be 19 or older. In Alberta, Manitoba, New Brunswick, Prince Edward Island, Quebec and Saskatchewan, they must be 18 or older. In Manitoba, Saskatchewan and Yukon Territory, there is a mandatory 24-hour waiting period between when the marriage license is issued and when the ceremony can be performed. Quebec has a 20-day waiting period, while Nova Scotia has a five-day waiting period. Newfoundland & Labrador have a four-day waiting period between the application and the issuance of the license and an additional four-day waiting period between the issuance of the license and the marriage.
There is a one-year residency requirement for divorce in Canada, so couples thinking about getting married there should take that into consideration.
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