Legal marriage vs. religious marriage in Ontario

It’s becoming a well-known fact that in the province of Ontario, division of property rights don’t extend to common law couples. This may change one day, and British Columbia already has plans in motion to change it, but for now it remains the biggest difference between legal and common law marriage in Ontario. For example, if a spouse entered into a common law marriage with a home in their name, the other spouse wouldn’t have any rights toward the home or its sale upon splitting up.

A recent case highlights this key difference as an Ontario couple who only underwent a religious marriage ceremony failed to obtain a civil marriage license.

Many people undergo religious marriage ceremonies under various religious laws. There are ceremonies under Canon (Christian) law and Halakha (Jewish) law, as well as Hindu law, Sikh law and many other faith-based laws. In the case of this couple, Sharia (Islamic) law. In most of these weddings, a civil marriage license is still obtained and the paperwork is often incorporated into the religious ceremony by the couple and the officiant. With this particular couple, no marriage license was obtained in Ontario.

Unfortunately for this couple, upon their separation the wife did not have a claim to the condominium that her husband entered into the marriage with, because the relationship under the law was a common-law marriage and the condominium could not be considered a matrimonial home without the civil license.

Couples who are married outside Canada who then immigrate to Ontario will have their marriage recognized as long as it is recognized in the country of marriage, but couples married in Ontario will not, unless they file the proper paper work.

On a side note: in some cases, couples may choose to have a religious ceremony on one date and then a legal ceremony on another date for whatever reason. Beware of letting months or even years lapse between the two ceremonies, as any assets accrued before the marriage is legal may not be subject to the division of property rights that legally married couples are entitled to.

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By heather - Last updated: Monday, October 11, 2010
Filed in Common Law Marriage, Family Property Division, Provincial legislation, Religious ceremony, separation •