Marriage is a legally recognised union between two individuals that grants certain rights and responsibilities to spouses. While the fundamental concept of marriage remains consistent across most countries, the legal framework governing marriage varies significantly. Laws dictate the age at which individuals can marry, the formalities required to validate a marriage, and the legal recognition of different types of unions.

For individuals considering marriage or relocation between Canada and the UK, understanding the differences in marriage laws is crucial. These legal variations can impact everything from the ability to marry to property rights and divorce proceedings. Consulting a Toronto divorce lawyer can help individuals navigate these legal complexities, especially when dealing with cross-border marriages and separations. While both Canada and the UK share historical legal traditions, their marriage laws have evolved differently over time.

Legal Age and Consent for Marriage

While Canada and the UK have similarities in their approach to marriage age requirements, there are key distinctions.

UK Marriage Age and Consent

• As of February 2023, the minimum legal age to marry in England and Wales is 18 years, regardless of parental consent. This change, introduced through the Marriage and Civil Partnership (Minimum Age) Act 2022, was aimed at preventing child marriage.
• Before this law came into effect, individuals as young as 16 could marry with parental or judicial consent. Scotland still allows 16-year-olds to marry without requiring parental consent.
• Northern Ireland also maintains a minimum age of 16 with parental consent, though proposals exist to standardise the law across the UK.

Canada Marriage Age and Consent

• In Canada, marriage laws are governed at the provincial and territorial level, leading to some variations in age requirements.
• Generally, the minimum legal age to marry is 18 or 19, depending on the province. However, most provinces allow 16-year-olds to marry with parental consent or under special circumstances.
• For example:
  • Ontario, British Columbia, and Alberta: Minimum age is 18, but 16-year-olds can marry with parental consent.
  • Quebec: The minimum age is 18, and anyone under 18 must obtain judicial approval to marry.
  • Manitoba and New Brunswick: The minimum age is 19, but individuals 16 or older can marry with parental consent.

Comparison and Key Differences

• In the UK, child marriage (under 18) is now entirely prohibited in England and Wales, while Canada still permits marriage at 16 with parental consent in most provinces.
• Canada’s provinces have varying rules, whereas in the UK, the laws are more standardised, with Scotland and Northern Ireland having different thresholds.
• The UK’s approach is now more aligned with international human rights recommendations, aiming to prevent forced and underage marriages, while Canada’s system still allows for parental exceptions.

Marriage Formalities and Ceremony Requirements

Marriage formalities ensure that a marriage is legally recognised. These include pre-marriage requirements such as obtaining a licence, the type of ceremony performed, and who is authorised to conduct marriages. Canada and the UK have distinct procedures governing these aspects.

Marriage Formalities in the UK

In the UK, marriages can be civil or religious, but both must comply with specific legal requirements. The key rules include:

• Notice of Marriage:
  • A couple must give at least 28 days’ notice at a local register office before getting married.
  • This notice is displayed publicly and is valid for 12 months.
  • Non-UK nationals may face additional requirements, such as a visa or proof of immigration status.
• Approved Venues:
  • Civil marriages can take place in approved premises, such as register offices, hotels, or designated venues.
  • Religious ceremonies must follow the legal formalities of the faith and be conducted in an authorised place of worship.
• Officiants:
  • A legally recognised officiant must conduct the ceremony, which includes registrars for civil ceremonies or licensed religious leaders for faith-based marriages.
• Marriage Registration:
  • The couple must sign the marriage schedule or marriage document, which is then submitted for official registration.

Marriage Formalities in Canada

Marriage laws in Canada are governed by the provinces, meaning formalities vary depending on location. However, there are common requirements:

• Marriage Licence:
  • A couple must obtain a marriage licence before getting married.
  • The waiting period varies by province; some provinces require at least a day’s wait, while others issue licences immediately.
  • A marriage licence is typically valid for 90 days.
• Ceremony Type and Venue:
  • Canada allows both civil and religious ceremonies, but each province has different regulations.
  • Civil ceremonies are often held at municipal offices or licensed venues.
  • Religious marriages must comply with provincial regulations and faith-based rules.
• Officiants:
  • Marriages must be officiated by a registered officiant, such as a judge, justice of the peace, mayor, or religious leader.
  • Some provinces allow online ordinations (e.g., Ontario and British Columbia allow officiants from online ministries to perform weddings).
• Marriage Registration:
  • After the ceremony, the couple and witnesses sign a marriage register, and the officiant submits it for official registration with the provincial government.

Ensuring Marriage Registration and Legal Validity

Both Canada and the UK have strict requirements to ensure the legal recognition of marriages:

• In the UK, the signed marriage schedule must be sent to the local registry office to be recorded in the official marriage register.
• In Canada, the officiant submits the signed marriage licence and certificate to the provincial office, ensuring legal recognition.
• A failure to register a marriage could result in legal disputes over marital rights, including inheritance, property ownership, and divorce proceedings.

Key Differences in Marriage Formalities

Common-Law Relationships and Legal Recognition

One of the most significant differences between family law in Canada and the UK is how common-law relationships are treated. In Canada, common-law partners receive legal recognition in many areas, whereas in the UK, no such legal status exists.

Common-Law Relationships in the UK

• The UK does not legally recognise common-law marriages, regardless of how long a couple has lived together.
• Cohabiting couples do not automatically acquire rights to property, spousal support, or pensions.
• Even if a couple has lived together for decades, they have no automatic rights to their partner’s assets upon separation.
• If a dispute arises, cohabiting partners must rely on property law or seek legal protection via a cohabitation agreement.
• Unmarried couples can make claims if they have joint ownership of property, but these claims must be made under general civil law, not family law.

Common-Law Relationships in Canada

• Canada offers legal recognition to common-law relationships, but the rules vary by province.
• Most provinces grant common-law partners legal rights similar to married spouses if they have lived together for a certain period.
• For example:
  • Ontario and British Columbia: Common-law partners must have lived together for at least three years or one year if they have a child together to claim spousal support.
  • Quebec: Does not provide common-law couples with any spousal support or property division rights, unless they have signed a legal cohabitation agreement.
  • Alberta, Manitoba, and Saskatchewan: Grant common-law partners rights to property division and support similar to married couples.

Legal Protections (or Lack Thereof) for Cohabiting Partners

Key Differences

• In the UK, there is no recognition of common-law relationships, meaning cohabiting couples must proactively protect their rights through agreements.
• In Canada, common-law partners may gain spousal rights similar to married couples, depending on the province and duration of the relationship.
• Canadian provinces such as Quebec do not grant automatic legal rights, similar to the UK approach.

Polygamy and Other Marriage Restrictions

Both Canada and the UK have strict laws against polygamy, but they differ in how they treat foreign polygamous marriages and marriage restrictions based on familial relationships.

Polygamy Laws in the UK and Canada

• UK:

• • Polygamy is illegal, and only monogamous marriages are recognised.
  • A person found guilty of polygamy could face up to seven years in prison under the Offences Against the Person Act 1861.
  • However, if a polygamous marriage was legally conducted abroad, it may have limited recognition for issues like immigration but not for family law purposes.

• Canada:

• • Polygamy is explicitly illegal under Section 293 of the Criminal Code, with penalties of up to five years in prison.
  • Canada is stricter than the UK in enforcing its anti-polygamy laws, as seen in the 2011 case against polygamous communities in British Columbia.
  • Foreign polygamous marriages are not recognised, and spouses in polygamous unions may face immigration denial.

Recognition of Foreign Polygamous Marriages

• UK: If a couple legally entered into a polygamous marriage abroad and then moved to the UK, the UK may recognise the first wife’s status in limited cases (e.g., inheritance disputes).
• Canada: Canada does not recognise any aspect of polygamous marriages and often refuses entry or residency to individuals in such unions.

Marriage Restrictions: Marrying Close Relatives

Both Canada and the UK impose restrictions on marrying close relatives:

• UK: Prohibits marriage between direct family members (e.g., siblings, parents, children) and certain relatives by marriage.
• Canada: Follows similar rules, prohibiting marriage between direct blood relatives but allowing marriage between first cousins, as in the UK.

Key Differences

• Both countries strictly prohibit polygamy, but Canada enforces harsher penalties.
• The UK may grant limited recognition to foreign polygamous marriages for specific legal matters, while Canada completely rejects them.
• Marriage between close relatives is regulated similarly in both countries.

Financial and Property Rights in Marriage

The financial rights and obligations of spouses can differ significantly between Canada and the UK. While both countries recognise financial support obligations, they differ in how property is divided upon divorce.

Financial Responsibilities of Spouses

• In both Canada and the UK, spouses have financial obligations to each other, including support and contribution to household expenses.
• Prenuptial and postnuptial agreements are recognised in both countries but are treated differently under the law.

Property Division Upon Divorce

• UK:

• • England and Wales do not follow a strict community property system.
  • Courts divide assets based on fairness, taking into account contributions, needs, and future financial security.
  • Prenuptial agreements are considered but not legally binding, although courts often uphold them if deemed fair.

• Canada:

• • Property division varies by province, with some following a community property model (equal division of marital assets).
  • Ontario, British Columbia, and Alberta follow equal division of marital property, meaning assets acquired during marriage are divided 50/50 unless otherwise agreed.
  • Prenuptial agreements are legally binding if properly drafted and signed under full disclosure.

Comparison of Financial and Property Rights

Key Differences

• UK courts have broad discretion in property division, whereas Canadian provinces often apply a 50/50 split rule.
• Prenuptial agreements are more enforceable in Canada than in the UK.
• Debt liability rules differ, with Canada treating joint debts acquired in marriage as shared responsibility.

Divorce and Annulment Procedures

Divorce Laws in the UK

Divorce laws in the UK have undergone significant changes, particularly with the introduction of no-fault divorce in 2022. The process has been simplified to reduce conflict between separating spouses. Key aspects include:

• No-Fault Divorce:

• • The Divorce, Dissolution and Separation Act 2020 introduced a no-fault divorce system in England and Wales, which came into effect on 6 April 2022.
  • Under this system, spouses no longer need to prove fault (e.g., adultery or unreasonable behaviour) to obtain a divorce.
  • A divorce application can be made by one or both spouses, and there is a mandatory waiting period of 20 weeks before the divorce can be finalised.

• Annulment of Marriage:

• • Annulment is available under UK law for marriages that were either never legally valid or voidable due to specific circumstances.
  • Grounds for annulment include:
    • One spouse was already married (bigamy).
    • One party was underage at the time of marriage.
    • The marriage was not consummated (only applicable to opposite-sex marriages).
    • Lack of proper consent due to duress, fraud, or incapacity.

Divorce Laws in Canada

Divorce in Canada operates under the federal Divorce Act, and no-fault divorce has been available since 1985. However, the process differs from the UK in key areas:

• No-Fault Divorce:

• • Canada allows divorce based on one year of separation, which acts as the primary ground for no-fault divorce.
  • Unlike in the UK, no specific waiting period is required once the separation period is completed.

• Annulment of Marriage:

• • Annulment is granted under strict legal grounds, similar to the UK, including:
    • One party was already married at the time (bigamy).
    • Lack of mental capacity or inability to consent due to duress or fraud.
    • The marriage was not legally valid due to procedural errors.
    • Non-consummation is not a ground for annulment in Canada.

Comparison of Divorce and Annulment Procedures

Key Differences

• The UK recently adopted no-fault divorce (2022), while Canada has had it since 1985.
• The UK has a 20-week waiting period before a divorce is finalised, whereas Canada requires a one-year separation period before a no-fault divorce can be granted.
• Annulments are granted under similar legal grounds, but non-consummation is only a valid reason in the UK, not in Canada.

Immigration and Spousal Sponsorship

One of the most important legal aspects of marriage for international couples is spousal immigration. The UK and Canada both have family-based immigration systems, but their spousal visa requirements differ significantly in terms of financial thresholds, language tests, and residency obligations.

Spousal Visa and Immigration Rules in the UK

In the UK, spousal visas are granted under Appendix FM of the Immigration Rules. The key requirements include:

• Financial Requirement:

• • The sponsoring UK citizen or resident must earn at least £18,600 per year (as of 2023).
  • Additional income requirements apply if children are included in the application.
  • Savings above £16,000 can be used to meet the financial threshold.

• Language Requirement:

• • The spouse applying for a visa must pass an A1 English language test (unless exempt due to nationality or disability).

• Residency and Visa Duration:

• • The initial spousal visa is granted for 2 years and 9 months, after which the spouse can apply for an extension.
  • After 5 years, the spouse can apply for Indefinite Leave to Remain (ILR).

• Genuine Relationship Requirement:

• • Couples must prove their relationship is genuine through documents such as photos, joint bank accounts, and communication records.

Spousal Sponsorship in Canada

Canada allows spouses to immigrate under the Family Class Sponsorship program, which has different financial and residency requirements compared to the UK.

• Financial Requirement:

• • Unlike the UK, Canada does not have a minimum income requirement for sponsoring a spouse.
  • The sponsor must show that they can support their spouse without relying on social assistance.

• Residency Obligation:

• • A sponsor must be a Canadian citizen or permanent resident.
  • If the sponsor is a permanent resident, they must reside in Canada while sponsoring their spouse.

• Processing Time:

• • The spousal sponsorship process typically takes 12 to 18 months.
  • The UK process is generally faster, with most applications processed within 6 months.

• Pathway to Permanent Residency:

• • A successful sponsorship leads to permanent residence (PR) for the spouse, with no need for additional visa extensions.
  • Spouses can apply for Canadian citizenship after 3 years of permanent residency.

Comparison of Spousal Immigration Rules

Key Differences

• The UK has stricter financial requirements (£18,600 minimum income), while Canada does not require a minimum income for spousal sponsorship.
• The UK requires a language test for the spouse, but Canada does not.
• Canada grants permanent residence directly, while UK spouses must go through multiple visa renewals before getting Indefinite Leave to Remain (ILR).
• UK spousal visas are processed faster (6 months), whereas Canada’s spousal sponsorship takes longer (12-18 months).