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Civil marriage

In Québec, notaries are authorised to solemnise civil marriages. The notary handles the legal formalities before, during and after the ceremony, leaving you free to plan the day as you wish.

Other servicesCivil marriage

Getting married before a notary

In Québec, notaries are authorised to solemnise civil marriages. The notary handles the legal formalities before, during and after the ceremony, leaving you free to plan the day as you wish.

This is the thing most people do not know: in Québec a notary is authorised to solemnise civil marriages, and needs no special permission to do so. Their celebrant number is their registration number on the roll of the Chambre des notaires.

The practical difference from a court clerk is simple, and it often decides the choice: a clerk solemnises at the courthouse, whereas a notary can solemnise wherever you choose. A hall, a garden, the family home: the ceremony comes to you rather than the other way round.

The other difference is everything around the ceremony. The meetings beforehand are the moment to discuss what marriage changes legally, the matrimonial regime, and a possible marriage contract, which in any case must be notarial to be valid in Québec. The same professional prepares both the ceremony and the legal framework of what you are signing.

What you should know

  • For which couples

    You want a civil ceremony somewhere other than the courthouse. One of the spouses was born outside Canada. You want to enter into a marriage contract before the ceremony.

  • The notary’s role

    Verification of the legal conditions and of each person’s documents. Publication of the notice of marriage within the required period. Solemnising the ceremony and signing the declaration of marriage. Filing the declaration with the Directeur de l’état civil.

  • Timelines and conditions

    The notice of marriage must be published on the Directeur de l’état civil website at least 20 days before the ceremony. The celebrant also verifies that each spouse is of age and free of any previous marital tie. Travel to the ceremony location is possible.

Useful questions

The answers that matter before you start

Can a notary really solemnise a civil marriage?

Yes. In Québec, a notary entitled to receive notarial acts may solemnise civil marriages without any special permission; their celebrant number is their registration number on the roll of the Chambre des notaires. Unlike a court clerk, who solemnises at the courthouse, a notary can do so wherever you choose.

How far ahead should we start?

The notice of marriage must be published on the Directeur de l’état civil’s website 20 days before the ceremony, and the marriage must take place within the three months following the expiry of that period. The 20 days start over if the notice has to be corrected, so allow some margin and check names and dates carefully.

How many witnesses are needed?

Two witnesses attend the ceremony. In addition, you must be accompanied by a witness of full age at the meeting where the notice of marriage is prepared: they must know you well, and if they do not know you well enough, two witnesses will be needed at that stage.

Can we renounce the family patrimony by marriage contract?

No. The family patrimony is created automatically on marriage and cannot be renounced by contract: it is a matter of public order. A marriage contract is for choosing the matrimonial regime, which is a distinct layer and which can be negotiated.

What is included in the family patrimony?

The family residences, the furniture that furnishes them, the motor vehicles used for family travel, and certain rights accumulated during the marriage, notably RRSPs and earnings registered under the Québec Pension Plan. Excluded are property received by gift or succession, businesses, bank accounts, and investments other than RRSPs.

Which regime applies if we make no contract?

The partnership of acquests, the default regime in Québec since 1 July 1970. Property owned before the marriage and property received by gift or succession stay private; employment and investment income accumulated during the marriage are acquests and their value is shared. Worth noting: property owned before the marriage stays private, but the income it produces during the marriage becomes an acquest.

Does a marriage contract have to be notarial?

Yes. In Québec a marriage contract must be notarial to be valid. It is not a formality added on top: it is the condition of its existence.

Does marriage replace a will?

No. Marriage has no testamentary effect. Without a will, the rules of legal devolution determine the heirs: the spouse inherits alongside the children, or the parents, or the brothers and sisters, depending on the situation. Marrying and making a will are two separate, complementary steps.

Do we have the same rights if we live together without marrying?

No, and the gap is considerable. De facto spouses form no family patrimony, are governed by no matrimonial regime and owe each other no support, however long they have lived together. Since 30 June 2025, those with a common child born or adopted from that date are in a parental union, which shares the family residences, their furniture and the family’s automobiles and gives the survivor one third of the estate, but stays well short of marriage. A cohabitation agreement and a will offset the rest.

What does the celebrant do after the ceremony?

They forward the declaration of marriage to the Directeur de l’état civil within 30 days of the ceremony. That filing is what enters the marriage in the register of civil status, and it is from that register that your marriage certificates will later come.

See all questions
Scales, books and a pen on a wooden desk.

What marriage changes automatically: the family patrimony

The family patrimony arises on marriage, with or without children, and cannot be waived in a marriage contract: it is a matter of public order. It includes the family residences, their furniture, the family vehicles and certain rights accumulated during the marriage, including RRSPs and Québec Pension Plan earnings.

It excludes property received by gift or inheritance, businesses, bank accounts and investments other than RRSPs. On separation, divorce or death, its net value is divided equally, whoever is the registered owner, and the spouse who owns the family residence cannot sell or hypothecate it without the other’s consent.

The matrimonial regime: partnership of acquests applies if you choose nothing

Since 1 July 1970, without a notarial marriage contract, the regime is partnership of acquests. Private property (owned before the marriage, received by gift or inheritance, work tools, personal effects) is not divided; acquests (employment and investment income, property acquired during the marriage) are divided in value.

Property owned before remains private, but the income it earns during the marriage becomes acquests. Choosing another regime requires a marriage contract, which must be notarial to be valid.

Understanding more

The key aspects of your file

Conditions and deadlines: what actually decides your date

It is the time limits that set the earliest possible date. Each of you must be 16 or older and free of any marriage or civil union. The notice of marriage is published on the Directeur de l’état civil website 20 days before the ceremony, and a corrected notice restarts that period.

You then have three months to marry, otherwise the notice must be published again. At the meeting where the notice is prepared, bring an adult witness who knows you well, or two if they do not know you well enough.

  • Be 16 or over, and free of any bond of marriage or civil union.
  • Publish the notice of marriage on the Directeur de l’état civil’s website 20 days beforehand.
  • Hold the ceremony within the three months following the expiry of that period.
  • Be accompanied by a witness of full age at the meeting preparing the notice.
  • Have two witnesses for the ceremony itself.

What happens on the day

The officiant reads articles 392 to 396 of the Civil Code of Québec on the rights and duties of spouses: equal rights and obligations, respect, fidelity, succour and assistance, living together, each keeps their own name, joint direction of the family and contribution to expenses according to their means.

The officiant receives each person’s consent before two witnesses, has the declaration of marriage signed and sends it to the Directeur de l’état civil within 30 days; that is what enters the marriage in the register and lets you obtain your certificates.

What happens if you do nothing

Not signing a contract means choosing partnership of acquests as is: balanced for many couples, less suited to a self-employed person, a family business, very unequal assets or children from a previous union.

Without marriage, de facto spouses have no family patrimony, no matrimonial regime and no support obligation, however long they have lived together. Since 30 June 2025, parents of the same child are in a parental union: the residences, their furniture and the family cars are divided, the survivor receives one third of the estate, but there is no support obligation between the spouses. A cohabitation agreement and a will can make up for it.

Marriage has no testamentary effect: without a will, legal devolution makes the spouse inherit with the children, the parents or the brothers and sisters.

Marrying abroad, or having been married elsewhere

A marriage celebrated outside Québec is not entered in the Québec register. It is recognised in principle, but it must be proved with the foreign certificate, often translated and legalised, for example for an estate or a real estate transaction.

A divorce granted elsewhere must also be established before a new marriage here. These checks are done at the start of the file and take extra time.

General process

  1. First contact

    You tell us the date and place you have in mind.

  2. Verifications

    Each spouse’s documents are reviewed.

  3. Publication

    The notice of marriage is published within the legal period.

  4. Ceremony

    The marriage is solemnised and the declaration filed.

Before the meeting

Documents to prepare

Depending on your situation and country of birth, other documents may be required. This list is indicative.

What to bring to a first meeting
  1. A recent birth certificate for each spouse.
  2. Valid identification for each.
  3. Contact details for the two witnesses.
  4. The divorce judgment or death certificate, if either was married before.

Official sources

This page provides general information and does not constitute legal advice. Each situation must be assessed individually.

Next step

A question about your file?

Write to us or call the office. We will tell you which steps to follow and which documents to prepare.

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