What does your Situation involve?

Who can Solemnize a marriage?

Only certain individuals are allowed to solemnize marriages.

  • Registered members of the clergy

  • Judges of a superior court or the Provincial Court

  • Designated justices of the peace

  • The Prothonotary

  • Marriage Commissioners

Requirements

A registered member of the clergy, justice, or marriage commissioner can only solemnize a marriage if:

  • The parties have a valid marriage license issued under this Act.

  • The marriage takes place within three months of the date of issuance of the license.

  • The ceremony is conducted in the presence of the parties and at least two adult witnesses.

  • If one or both parties do not understand the language used in the ceremony, an interpreter must be present to explain the meaning of the ceremony.

A justice or marriage commissioner can perform a marriage ceremony without a specific form, except for the following requirements:

  • Each party must declare that they do not know of any legal impediment to the marriage.

  • Each party must say to the other that they take them as their lawful spouse.

  • After these declarations and statements, the justice or marriage commissioner pronounces the parties as married.

If the parties desire a religious ceremony in addition to the civil ceremony, a certificate of solemnization given by the justice or marriage commissioner is sufficient authorization for a member of the clergy to perform the religious ceremony.

  • The religious ceremony does not replace the civil ceremony, and it is not registered as a marriage under the Vital Statistics Act

Refusal of solemnization:

A person authorized to solemnize a marriage under this Act can refuse to solemnize a marriage that goes against their religious beliefs.

Prior Marriage

If someone has been married before and wants to get a marriage license, they need to provide proof that their previous marriage has ended. This proof can be in the form of:

  • a divorce certificate,

  • a court order declaring the marriage null and void, or

  • an official document from the government or court of the jurisdiction where they were previously married, stating that the marriage has been dissolved or declared invalid.

Alternatively, they can provide a death certificate for their previous spouse or a court order declaring their previous spouse to be deceased.

PEI Marriage Act s. 3, 9, 10, 11, 11.1, 16