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Script 160 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.
This script discusses getting married. If you plan to get married in British Columbia, there are a number of formalities that are required and procedures you should know about.
Before you can get married in BC, certain qualifications must first be met
They are as follows:
- Each of you has to be unmarried.
- You must not be related to each other – in other words, you cannot marry anyone in your immediate family or any near relation.
- Each of you has to be 19 years of age or older. If you’re under 19, you may still get married, but you need the consent of both your parents or of your sole guardian. If you’re under 16, you need a Court Order to get married.
Assuming you meet the qualifications, you’ll need a marriage licence
In order to get a marriage licence, one of you has to go in person to a Vital Statistics Agency office, which is the office of the District Registrar of Births, Deaths and Marriages. In Vancouver, the office is at 250 - 605 Robson Street, and in Victoria, the office is at 818 Fort Street. There are also many other government agent offices in Vancouver, Victoria and all around the province. To find out the location of a Marriage License Issuer in the area closest to you, call 604.660.2937 in Vancouver, 250.952.2681 in Victoria, or toll-free 1.800.663.8328 elsewhere in BC.
What does a marriage licence cost?
There’s a fee of $100 for the marriage license. If one or both of you is divorced, you must provide proof of the divorce before you can get the license. The license is valid immediately after you receive it, but it will expire after three months.
The marriage ceremony itself can be a religious or civil ceremony
In either case, the person performing the ceremony must be licensed under the Marriage Act to solemnize marriages. For civil ceremonies, this person is known as a “marriage commissioner.” If you wish, you can be married in a civil ceremony and then have a religious ceremony afterwards as well. The marriage ceremony must be held publicly before at least two witnesses, in addition to the marriage commissioner or religious representative.
What if someone objects to the marriage?
Any person who believes there is some reason why two people should not marry can file or submit what is called a “caveat” with the Marriage Licence Issuer. If this happens, then a marriage licence cannot be issued until the issuer is satisfied that the issuing of the licence shouldn’t be prevented or the caveat is withdrawn by the person who lodged it. If a caveat is filed, it’s suggested that you consult a lawyer.
Summary
If a couple wishes to get married, they must first qualify. Then they must obtain a marriage licence. Lastly, they must have the marriage ceremony performed by a religious representative or marriage commissioner licensed to do so, and the ceremony must be witnessed by at least two other witnesses.
Where can you get more information?
[updated September 2007]
Dial-A-Law© is a library of legal information that is available:
- by phone, as recorded scripts, and
- in writing, on the CBA BC Branch website.
To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public Media.
The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia.
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