Who can solemnize a marriage?

Any person who is a resident in the province can perform a marriage ceremony between two people who are legally allowed to get married, as long as that person is registered under the Marriage Act and authorized by a church or religious denomination.

• The Registrar can recognize a church or religious denomination if it meets certain criteria and is permanently established according to the regulations.

A member of the Law Society of New Brunswick who meets the eligibility criteria can apply to the Registrar to be appointed as a civil officiant authorized to perform marriages in the province. The application must be submitted on the provided form and accompanied by the required fee.

A clerk of the Court can perform the marriage ceremony between two individuals who are legally allowed to marry.

Requirements

In order to solemnize a marriage, the couple must be issued a marriage license.

A clerk of the Court can solemnize a marriage if a marriage license has been issued, and the couple must pay a fee for this service.

If the couple wants a religious ceremony in addition to the civil one, the statement of marriage provided by the clerk is enough authorization for a cleric to perform the religious ceremony.

The clerk of the Court who solemnizes the marriage needs to prepare and submit a registration of marriage form, but a cleric who performs a religious ceremony after the civil ceremony is not required to do so.

A civil officiant (authorized by the Registrar) can solemnize a marriage if a marriage license has been issued, and the same rules about religious ceremonies and registration apply to the clerk of the Court.

The Registrar can appoint competent individuals from the public service to issue marriage licenses, and they have certain powers and authority under the Marriage Act.

Every marriage license is issued by the Registrar and is valid for three months from the date of issue.

A marriage cannot be performed with a marriage license unless it takes place within three months after the license was issued.

At least two credible witnesses who are of legal age must be present during the marriage ceremony, in addition to the person performing the ceremony.

The marriage license is given to the person who solemnizes (conducts) the marriage, and they must promptly endorse the license with the date, place, names, and descriptions of the witnesses.

The endorsed license serves as the official record of the marriage:

If a cleric solemnizes the marriage, it is recorded in the church or congregation records.

If a civil officiant solemnizes the marriage, it is recorded at their office or residence according to prescribed standards.

If a clerk of the Court solemnizes the marriage, it is recorded in the court records.

Immediately after the ceremony, the person who solemnizes the marriage gives the contracting parties a statement of marriage, which is a form provided by the Registrar.

The statement of marriage includes the names of the parties, date and place of the marriage, names of at least two witnesses, and specifies that the marriage was performed with a license.

The parties and at least two witnesses must sign the statement of marriage.

Applying for license

Both parties intending to marry must personally go to the issuer (the person who can issue marriage licenses).

They will be examined separately and make separate affidavits (written statements) on a form provided by the Registrar.

The affidavits will include information such as:

• The location and person they intend to have solemnize the marriage.

• Stating that there are no legal reasons to prevent the marriage, like prior marriages or family relationships.

• The age of each party and whether consent is required for a party under 18 years old.

• The marital status of each party, whether they've been previously married, divorced, widowed, or if their previous marriage was declared null.

• Consent to marry the other party.

• Any other information required by the government.

• The affidavits are taken and signed in front of the issuer.

Before administering the oath, the issuer ensures that the applicant understands which family relationships would prevent the marriage.

The affidavits and any required proof of divorce or death (according to regulations) are filed with the issuer, who will transmit them to the Registrar.

If the proof of divorce or death is in a language other than English or French, it must be accompanied by a satisfactory translation for the Registrar.

New Brunswick Marriage Act s. 2, 5.11, 5.91, 11-15, 17, 25, 26