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Is my marriage recognized in Canada?

Fencesitter

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Hi all,

I was married in China and we have a Chinese marriage license. However, a friend of mind told me that my marriage will not be recognized in Canada. Do I need to register our marriage when we arrive in Ontario? According to my friend, if our marriage is not recognized, if we were to divorce, I would not be legally responsible for my wife in terms of assets, etc...

FS
 

zardoz

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Google is your friend.

http://www.marriagevisaworld.com/legalising-your-marriage-in-canada might help.
 

Fencesitter

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Thanks for that link.

Hate that phrase, though ::)

FS
 

Rob_TO

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Fencesitter said:
Hi all,

I was married in China and we have a Chinese marriage license. However, a friend of mind told me that my marriage will not be recognized in Canada. Do I need to register our marriage when we arrive in Ontario? According to my friend, if our marriage is not recognized, if we were to divorce, I would not be legally responsible for my wife in terms of assets, etc...

FS
I'm in the same situation, as i'm getting married later this year outside of Canada.

Rest assured you DO NOT need to "register" your marriage in Canada. When doing your taxes and stuff, simply stating you're married is good enough as it basically works on the honour system. Once you file taxes as a married couple, you are indeed legally married in the governments eyes the same as if you got married in Canada.

Just keep a copy of your official marriage certificate from China. In case you were ever audited by CRA or anything (hopefully never happens), you may need to then require proof of marriage.
 
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hayati

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Fencesitter said:
Hi all,

I was married in China and we have a Chinese marriage license. However, a friend of mind told me that my marriage will not be recognized in Canada. Do I need to register our marriage when we arrive in Ontario? According to my friend, if our marriage is not recognized, if we were to divorce, I would not be legally responsible for my wife in terms of assets, etc...

FS
I was married in Morocco and have a morocan marriage certificate,,I even had my certificate translated in English from Morocco and once I returned to Canada, my English certificate that was translated in Morocco was not accepted here in Toronto,,,I had to go to an agency here,,arabic agency and have it tanslated with the Onatrio seal...hope this helps..hope this helps
 

CharlieD10

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So long as your marriage is legal where it took place, it is legal and therefore recognised in Canada. You don't have to register it, but you can if you want to. The only time that doesn't apply is in the case of countries where polygamy is permitted and you are already married to one person but marry someone else in such a country.
 

Rob_TO

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hayati said:
my English certificate that was translated in Morocco was not accepted here in Toronto
What do you mean it was "not accepted"? Not accepted by who... CIC in your application?
 

steaky

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CharlieD10 said:
So long as your marriage is legal where it took place, it is legal and therefore recognised in Canada. You don't have to register it, but you can if you want to.
But it is not quite recognize when it comes to beneficiaries/rights/estates/pensions, etc.:

http://www.canadavisa.com/canada-immigration-discussion-board/-t61736.0.html

After reading the link posted by zardoz, I am wondering by sending the notarized copy of the foreign marriage license to the province registrar, would it make a difference?
 

hayati

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Rob_TO said:
What do you mean it was "not accepted"? Not accepted by who... CIC in your application?
no not CIC,,,,banks and licence...I added my husbands last name...they wanted the marriage certificated translated here in Canada,,did not accept the one I had translated back home...
 

steaky

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hayati said:
no not CIC,,,,banks and licence...I added my husbands last name...they wanted the marriage certificated translated here in Canada,,did not accept the one I had translated back home...
Why banks need your marriage license?
 

Fencesitter

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I think we will register again in Canada just to be sure there are no issues. We do have our original marriage license as well as a notarized translation.

Long time, Charlie. How are things? My wife's PR card is on its way to China. Landing was a breeze. My wife (and I) cannot wait to get back to Canada!

FS
 

Rob_TO

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steaky said:
But it is not quite recognize when it comes to beneficiaries/rights/estates/pensions, etc.:

http://www.canadavisa.com/canada-immigration-discussion-board/-t61736.0.html

After reading the link posted by zardoz, I am wondering by sending the notarized copy of the foreign marriage license to the province registrar, would it make a difference?
If you read the posts by toby in that thread, it says the opposite. That a legal marriage performed outside Canada, gives the couple all the same rights upon death or divorce, as if you were married in Canada. As long as you can show at any time the marriage certificate and that it was legally registered in the country it took place in. Do you really think all those Canadian couples having destination weddings in the Caribbean or Vegas or wherever... would do so if the marriage would not be recognized the same as a Canadian wedding? Has there EVER been a case on record where some rights were found to be different, simply due to the wedding not being in Canada? I think this is just lots of fear mongering... or if not would like to see at least 1 concrete example.

All Canadian government websites say the same thing. You DO NOT have to register your marriage in Canada if the out-of-country marriage was legal.

If anyone needs a copy of your marriage certificate for something, it will be the same if it was done in Canada or elsewhere. As long as its in english/french, or has certified translation accompanying it, it should be acceptable.
 

truesmile

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steaky said:
Why banks need your marriage license?
Think they're just looking for some "proof" of surname change is all... no other reason.

CIC returned all our photographs and the like submitted into evidence but they did NOT return our 'NSO marriage certificate' (Philippines).
 

Fencesitter

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Rob_TO said:
If you read the posts by toby in that thread, it says the opposite. That a legal marriage performed outside Canada, gives the couple all the same rights upon death or divorce, as if you were married in Canada. As long as you can show at any time the marriage certificate and that it was legally registered in the country it took place in. Do you really think all those Canadian couples having destination weddings in the Caribbean or Vegas or wherever... would do so if the marriage would not be recognized the same as a Canadian wedding? Has there EVER been a case on record where some rights were found to be different, simply due to the wedding not being in Canada? I think this is just lots of fear mongering... or if not would like to see at least 1 concrete example.

All Canadian government websites say the same thing. You DO NOT have to register your marriage in Canada if the out-of-country marriage was legal.

If anyone needs a copy of your marriage certificate for something, it will be the same if it was done in Canada or elsewhere. As long as its in english/french, or has certified translation accompanying it, it should be acceptable.
It 'should' be acceptable. That is the key. You never know, so I think it's best to registar again in Canada. No big deal.

FS
 

Rob_TO

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Fencesitter said:
It 'should' be acceptable. That is the key. You never know, so I think it's best to registar again in Canada. No big deal.

FS
Here is the info from Ontario: http://www.toronto.ca/marriage/index.htm
Registration of the Marriage
The Province of Ontario registers marriages that occur in Ontario. After your ceremony, it is the responsibility of your wedding officiant to file the necessary paperwork with the Province. For marriages occurring outside of Ontario, the jurisdiction of that Province/State/Country responsible for the registration of these events is required to register the marriage. Marriages performed outside of Ontario are not registered with the City of Toronto, or the Province of Ontario.


I believe all other provinces say the same thing.

Good luck in trying, but I don't think it's as simple as you think to simply "register" a marriage in Canada and have it mean anything. You still won't get a Canadian marriage certificate. Most likely your efforts will involve paying a fee, and hours of dealing with government bureaucracy either in person in a line or sitting on hold on the phone, talking to inept customer service people. Thanks but no thanks! Since the government tells me a marriage overseas doesn't need to be registered here, i'll believe them.

Just have a simple will (as any couple should) and that will eliminate 99.9% of any potential problems.