Is my foreign marriage recognized in Canada?

Marriages performed outside of Canada are generally recognized in Canada, without any need to re-register them. The law of the place where the marriage was celebrated is what is important when considering whether the required formalities around the actual ceremony have been met. In other words, you look to the laws of the country or region where your marriage was performed to figure out what the ceremony has to look like.

In Canada, bigamy and polygamy are criminal offences, and a person who is already married (and has not been divorced, had their marriage annulled and where the other spouse is still living) cannot marry again until that first marriage is legally ended. But that's not the case in all countries - so if bigamy is allowed in the country where a second marriage that would been illegal in Canada is entered into, will it be recognized in Ontario? This is a bit of a gray area in the law. A court in Ontario does have discretion in narrow circumstances to refuse to recognize foreign judgments where essential public policy or moral considerations would be undermined here. A polygamous marriage legally entered into outside of Canada may not be recognized in Canada, although if a couple moves to Canada and live monogamously here, the law may consider that the polygamous marriage has become monogamous.

If a marriage isn't recognized in Canada, this can affect the couple's rights and obligations both during the marriage, and at the end of the relationship if it breaks down. If the Ontario court isn't satisfied that a couple was legally considered married in Canada, they may lose certain rights and entitlements - for example those that attach to the matrimonial home. It may also be impossible to get a divorce in Canada, which can complicate matters further.

If you're not sure whether you're legally considered married in London, Ontario because you were married outside of Canada, contact us to book a consultation today, and our London family lawyers will help you get to the bottom of your situation with a clear answer on whether your marriage would likely be recognized in Ontario.