Civil law

Other

Can Marianne and Alex get married even if they are under 18?

Yes, it’s possible for minors to get married once they reach 16, as long as both parents consent to the union.

You can only skip the step of getting mom and dad’s blessing n the rare situation in which they have been deprived of their parental authority – this means they lost their parental rights following a judgment. To find out more about this subject, you can check out the Infosheet entitled Parental authority.

Let’s say that Marianne and Alex go through with the wedding ceremony against the wishes of Marianne’s parents (by lying about their ages, for example). In such a case, the marriage could be cancel. And Alex would have to give up any hope of his mother-in-law helping out financially with the honeymoon!

Marianne and Alex have heard about “civil” and “religious” wedding ceremonies. What’s the difference?

Legally, there is no difference. Regardless of whether the ceremony is civil or religious, the rights and obligations created are the exactly the same.

If Marianne and Alex opt for a religious ceremony, they must sign the declaration of marriage required by the Directeur de l’état civil (the government body responsible for marriage-related questions), in addition to respecting the requirements of their religion.

This is therefore a spiritual and personal decision, rather than a legal one.

Are their other kinds of unions besides marriage?

Yes. Since 2002, couples in Quebec have been able to choose a “civil union”. Civil union resembles marriage. Like marriage, the civil union gives rights and obligations. But there is a big difference in the way the civil union is ended. To end a marriage, the couple absolutely has to get divorced. To end a civil union, the couple simply has to make a joint declaration before a notary (unless they have children together, in which case they have to go before a judge).

However, there’s one little problem with this option for Marianne and Alex: you have to be at least 18 to enter a civil union.

Will being married change Marianne and Alex’s legal status?

Yes. When a minor gets married, she or he becomes “fully emancipated”. This means that Alex and Marianne can “fully exercise their civil rights”,as if they were adults. This includes entering into certain types of contracts, having their own home, signing a long-term lease, make a donation, write a will, start legal proceedings, etc. For example, Alex and Marianne, once married and legally emancipated, would have the right to move out of their parents’ place, sign a three-year lease, and pursue their landlord themselves if he refuses to repair their broken shower!

But some things stay the same: Marianne and Alex still won’t be legally able to vote, or buy cigarettes or alcohol until they turn 18 – in theory, they can’t even drink champagne at their own wedding party! Also, an empancipated minor won’t have to go before adult court if he commits a crime.

Marriage isn’t the only way of becoming an emancipated minor. To find out more, see the Infosheet Emancipation of a minor.

If Marianne and Alex want to live together without getting married or having a civil union, what will be their legal status?

They will be in a “de facto union” – or as most people say, a “common-law marriage”. Even if a couple spends decades together in a de facto union, that still won’t give him the same legal status as a person who is married or in a civil union.

Here are two important differences between the de facto union and marriage (or civil union):

• There is no family patrimony between de facto spouses. The family patrimony basically refers to certain kinds of property (home, car, retirement savings) whose value is split equally between spouses upon separation, regardless of who paid for what. To learn more about this, read the Infosheet entitled Family patrimony.
  
  
• Following a separation, a de facto spouse can’t claim support payments for her own needs. This is true even if, for example, she needs help because she stopped working to look after the kids (though claiming child support is always possible).

But de facto couples shouldn’t feel lke they’ve been completely abandoned by the law! Certain “social” laws offer de facto couples the same protection as married or civil union couples. This depends on the factors listed in each law, such as the length of time the couple has lived with each other or whether they have any children together.