GettingMarried

38 centres 1-888-762-8600 snb.ca

Getting MarriedAt Service New Brunswick, we understand that marriageis an exciting time in a couple's life. While there arecertain steps you'll need to follow before and after yourwedding takes place, our aim is to make this experienceas stress-free as possible.

We've prepared this brochure to help answer questionsyou may have about getting married in New Brunswick.

Frequently AskedQuestions1.What constitutes a legalmarriage?

1) A legal marriage may take place as either a civil or areligious ceremony. This ceremony may be performedanywhere in New Brunswick, as long as the personperforming the marriage is authorized to do so.

2) Civil marriages are performed by Clerks and DeputyClerks of the Court of Queen’s Bench in New Brunswick.Only a lawyer may be appointed a civil officiant. Toarrange a civil ceremony you can contact one of eightjusdicial district offices of the Clerk of the Court ofQueen’s Bench using the addresses and telephonenumbers listed on the last page of this brochure.

3) Religious marriage ceremonies are performed byclerics of churches and religious denominationsrecognized under theMarriage Act. In order to beregistered, the governing authority of the recognizedchurch or religious denomination will apply on behalf ofthe cleric to the Vital Statistics Office. Your cleric canadvise you whether he or she is registered under theMarriage Act to solemnize marriage in New Brunswick.

2.What is amarriage licence?

In the province of New Brunswick, every couple mustobtain a marriage licence before getting married. Amarriage licence confirms that an engaged couple islegally entitled to wed. You'll need to present thisdocument to the person who is going to perform yourmarriage before the ceremony takes place.

3.What information and documentation isrequired fromuswhen applying for amarriagelicence in NewBrunswick?

A couple applying for a marriage licence will need to takethe following steps.

1) You will need to know the date on which you aregoing to be married in addition to the name and addressof the person who is going to perform your marriage.

2) You and your future spouse must appear before theIssuer of Marriage Licences, with whom you will eachhave a separate interview. All information disclosedduring the meeting will be kept strictly confidential.

3) At this time, applicants for a marriage licence arerequired to provide proof of their age and identity bypresenting documentation such as:

• Birth Certificate

• Current Passport

• Canadian Citizenship Card

• Record of Landing/Canadian Permanent ResidentCard

4) If you are divorced or have received a civil annulment,you will have to provide proof of your current maritalstatus. It is the responsibility of the couple to ensureproper documents are obtained prior to applying for aMarriage Licence.

Acceptable proof of divorce includes the following:

• Certificate of Divorce

• Decree Absolute

• Final Decree, Final Judgement or Order granting adivorce

The above documents must be original forms, or copiescertified by the stamp, seal and/or signature of an officialof the judicial district where the divorce was granted.Uncertified photocopies will not be accepted.

Documents issued by Canadian jurisdictions entitled“Divorce Order, Divorce Judgement, Decree Nisi orConditional Judgement”are not acceptable as final proofof divorce.

If you have received a civil annulment, a court certifiedcopy of this document must be presented to the Issuer ofMarriage Licences. Please note a religious annulment isnot an acceptable document when applying for amarriage licence.

Similarly, if you have been widowed, you must presentproof of the death of your former spouse. This mayinclude:

• Death Certificate issued by the Vital Statistics Office

• Funeral Directors Statement of Death

If any of the documents mentioned above were issued ina language other than French or English, you will need toprovide a translation completed by a qualified, impartialtranslator.

5) Before receiving a marriage licence, you will also haveto complete and sign an “Affidavit on Application for aMarriage Licence”. You will both be asked to solemnlyswear or affirm that the information you have provided istrue before signing this form.

4.What if one of us can't appear in personbefore the Issuer ofMarriage Licences?

Only one person may be excused from appearing beforethe Issuer of Marriage Licences. In the event that eitheryou or your partner must be absent, a “PersonalAttendance Excused” formmay be obtained from aService New Brunswick service centre. This formmust becompleted and witnessed in the presence of aCommissioner of Oaths. If the form is completed outsideof New Brunswick, it must be witnessed by a NotaryPublic. Whomever appears before the Marriage LicenceIssuer must then bring this form and any supportingdocumentation when applying for the licence.

5.Where canwe get amarriage licence in NewBrunswick?

Marriage licences are available at SNB service centrelocations throughout the province. For furtherinformation go online towww.snb.ca to find the nearestcentre that offers this service. Or, you may call1-888-762-8600 toll-free within North America, or1-506-684-7901 outside North America.

6. Howmuch does amarriage licence cost?

The fee is $100.

7. How longwill ourmarriage licence be valid?

Amarriage licence is valid for three months from its dateof issue. If it expires before your marriage ceremony isheld, you will have to apply for another marriage licence.

8. Canwe acquire ourmarriage licence in NewBrunswick, but getmarried in another province,territory or country?

No. You must obtain your marriage licence in theprovince/territory/country where your wedding will takeplace. For example, if you intend to get married inHawaii, you will have to acquire a licence from that state.For further information, please contact the authoritieswhere you wish to be married.

9. Dowe need to register ourmarriage in NewBrunswick if weweremarried elsewhere?

No. The Vital Statistics Office only registers marriagesthat have occurred within New Brunswick, regardless ofwhether or not you are a New Brunswick resident. Thismeans that the province/territory/country where themarriage took place will register your marriage accordingto its own laws. In the future, proof of marriage musttherefore be obtained from theprovince/territory/country where your marriageoccurred.

10. Canwe getmarried right away?

Yes. As long as your application is in order, there is nowaiting period: your licence will be issued immediately.

11. If we lose or damage ourmarriage licence,howdowe replace it?

If you lose your marriage licence or cannot read it clearlydue to a stain or tear, please contact the Service NewBrunswick service centre that issued your licence forreplacement instructions.

12. Can a clericfromoutsideNewBrunswick presideat ourwedding?

If you would like a cleric whoresides outside of NewBrunswick to solemnize yourmarriage, he/she must obtaina temporary registrationpermit from Service NewBrunswick’s Vital Statistics Office.

In order for this to occur, the governingauthority of a recognized church or religiousdenomination will have to make an application tothe Vital Statistics Office on behalf of the visitingcleric. We recommend that this application besubmitted at least one month prior to themarriage to allow sufficient time for processing.

Please note that not all applicants may beauthorized to solemnize a marriage in NewBrunswick.

13. Can an individual, who is not aregistered cleric or an appointed clerk/deputyclerk of the Court ofQueen’s Bench, be granteda temporary registrationpermit to preside atourwedding?

No. Only clerics registered with the Vital Statistics Officeby recognized churches/religious denominations andlawyers appointed as deputy clerks are eligible in NewBrunswick to performmarriage ceremonies.

14. Howold dowe have to be to getmarried inNewBrunswick?

In order to marry without the consent of your parents orGuardians, both you and your partner must have beenpreviously married, or be at least 18 years of age.

15. How canwe getmarried if we’re not of legalage?

If you are 16 or 17 years old and have never married, yourparents or guardians must sign an affidavit of consent.

If either of you are under sixteen years of age, a marriagelicence shall not be issued nor a marriage solemnizedunless an application is made and a declaration receivedfrom a Judge of the Court of Queen’s Bench.

16. Is there anyone that I’m not allowed tomarry?

According to the “Prohibited Degrees of ConsanguinityBarring Lawful Solemnization of Marriage in Canada,” aperson cannot marry their:

• Mother • Father

• Daughter • Son

• Sister 1 • Brother 2

• Grandmother • Grandfather

• Granddaughter • Grandson

1 or half-sister, including sister by adoption2 or half-brother, including brother by adoption

17.What namedo I sign on theMarriageRegistration Form andMarriage Certificate afterthe ceremony?

These documents must be signed with the namesindicated on your marriage licence in order to properlyidentify who was married. Note that this signature doesnot reflect your choice of marital surname, if you shoulddecide to change it.

18.What surnamemay I use after I’mmarried?Who should I notify if I changemy surname?

After you have been married, you and/or your spousemay choose to assume a marital surname. You haveseveral options, including:

a) Keeping your registered birth surname, which is thename listed on your birth certificate.

b) Keeping the surname you retained from a previousmarriage, if it was used immediately prior to yourpresent marriage.

c) Assuming the surname of your spouse.

d) Assuming a combination surname comprised ofboth your surnames, with or without a hyphen.

It should be noted that assuming a spouse’s surnameafter marriage does not alter your birth certificate.

Since it doesn't constitute a legal name change, nonotice of a change in surname will be issued by VitalStatistics, or any other government office. However, youmay use the Form 10“Marriage Certificate”given to youby the Marriage Officiant to change your surname onother documentation, such as your provincial driver'slicence, vehicle registration or Medicare card. In order todo so, you will need to present your Marriage Certificateat your nearest Service New Brunswick service centre.Please note that specific offices may require additionaldocumentation to make these changes, and that you areresponsible for contacting such offices to determinewhat additional documents (e.g. a birth, marriage, deathor divorce certificate) must be presented in order for thechange to be processed.

For more information, please call 1-888-762-8600.

19.Who can be awitness to ourmarriage?

There must be two witnesses to your marriage. Whenchoosing who your witnesses will be, keep in mind thatboth must be nineteen years of age or older, as they willbe required to sign the Registration of Marriage form onthe day of your wedding.

20. Does NewBrunswick law requiremypartner and I to have a blood test beforewe getmarried?

You are not legally required to have a blood test prior tomarriage in New Brunswick.

21.Where canwe get a copy of ourmarriagecertificate after we aremarried?

After the marriage ceremony, you will be given the Form10“Marriage Certificate”. You may also require or wish toown a registered copy of your certificate of marriage. Ifthis is the case, a certificate may be applied for:

1. At all Service New Brunswick service centreslocated throughout the province.

2. Online atwww.snb.ca

Complete application details may be obtained by visitingwww.snb.ca or by telephoning 1-888-762-8600 toll-freewithin North America, or 1-506-684-7901 outside NorthAmerica.

Clerks of the Court ofQueen’s BenchBathurst

Court of Queen’s BenchP.O. Box 5001Court House, 254 St. Patrick StreetBathurst, NB E2A 3Z9Tel: (506) 547-2150

Campbellton

Court of Queen’s BenchCity Centre Bldg157Water Street, 2nd Floor - Room 202Campbellton, NB E3N 3H5Tel: (506)789-2364

Edmundston

Court of Queen’s BenchP.O. Box 5001121 Church Street, Suite 231Edmundston, NB E3V 1V9Tel: (506) 735-2028

Fredericton

Court of Queen’s BenchP.O. Box 6000427 Queen Street, Room 207Fredericton, NB E3B 5H1Tel: (506) 453-2015

Miramichi

Court of Queen’s BenchMiramichi Law Courts673 King George Highway, Suite 109Miramichi, NB E1V 1N6Tel: (506) 627-4023

Moncton

Court of Queen’s BenchP.O. Box 5001770 Main Street, 2nd Floor, Suite 207Moncton, NB E1C 8R3Tel: (506) 856-2304

Saint John

Court of Queen’s BenchP.O. Box 5001110 Charlotte Street4th Floor, Room 413Saint John, NB E2L 4Y9Tel: (506) 658-2560

Woodstock

Court of Queen’s BenchP.O. Box 5001689 Main StreetWoodstock, NB, E7M 5C6Tel: (506) 325-4414