Conditions of civil union

To make your marriage valid, you and your intended spouse must meet certain conditions. 

The conditions concern:

  • your age;
  • the family relationship between you;
  • your matrimonial status;
  • the giving of consent.

You are also required to be present at the ceremony.

Legal age for forming a civil union

You must be at least 18 years old to form a civil union.

If you are under the age of 18, you cannot apply to the courts for authorization to form a civil union, as you can if you decide to marry.

Family relationships and civil union

A civil union is prohibited between close relatives for moral and physiological reasons. As a result, you cannot form a civil union with a person who is your:

  • brother or sister; 
  • half-brother or half-sister;
  • parent or child.

This rule applies to both biological and adoptive relatives. 

However, you may form a civil union with certain other relatives, such as:

  • your cousin;
  • a person who is related to by marriage only, such as the former spouse of your uncle or aunt, or your former sister-in-law.

Freedom from any bond or marriage or civil union

To marry or form a civil union, you must be free from any bond of marriage or civil union. 

To ensure that your proposed marriage or civil union is legal, you must be:

  • single; 
  • divorced, or; 
  • widowed.

You are considered to be single if you have obtained:

  • the annulment of a previous marriage; 
  • the annulment or dissolution of a previous civil union. 

Proof of civil status 

During the interview with your officiant, you and your intended spouse must provide certain documents, including those that prove your civil status.

Free and enlightened consent

To form a civil union, you must be able to give your free and enlightened consent. This means that you must agree to the civil union:

  • without being forced to form the civil union by constraints or threats;
  • with a full understanding of the effects of your commitment.

If you or your intended spouse do not meet this condition, any interested person may oppose your civil union or request its annulment.

Person found to be incapable

If a court has found you to be incapable, you will not generally be allowed to form a civil union.

Presence at your civil union ceremony

Whatever your situation, you must be present at your civil union ceremony. Proxy civil unions are prohibited in Québec. This means that you cannot give a close friend or relative a mandate to act in your place at the civil union ceremony.

As a result, you are the only person who, at the ceremony, can:

  • consent to the civil union, when asked by the officiant;
  • sign the declaration of civil union.

The officiant is required to verify your identity.

Last update: April 18, 2023

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