Who can solemnize a marriage?

Clerics with a valid registration certificate and marriage commissioners are allowed to solemnize marriages in Yukon, as long as the individuals getting married are not legally disqualified.

Only clerics and marriage commissioners can perform marriages in Yukon.

Clerics must ensure that the parties produce the required marriage license or comply with the provisions for publishing banns before solemnizing a marriage.

Marriage commissioners must also ensure that the parties present the required marriage license before solemnizing a marriage.

Time restriction

Marriage must take place within three months after the second publication of banns or the issuance of the license.

Marriages cannot be solemnized between 10 PM and 6 AM unless exceptional circumstances exist and the officiating cleric or marriage commissioner is satisfied that the marriage is lawful.

Requirements

There must be at least two credible adult witnesses present at the marriage ceremony, in addition to the contracting parties and the person performing the ceremony.

If a party to the marriage does not understand the language used in the ceremony, an independent interpreter must be present to convey the meaning clearly.

For civil marriages performed by a marriage commissioner, both parties must make a declaration in the presence of the commissioner and witnesses, and each party must say to the other that they take them as their lawful spouse.

A second ceremony for religious purposes may be performed after a civil marriage, but it is not a replacement for the civil marriage and cannot be registered as a marriage.

Those authorized to solemnize marriages under the law must register the marriages they perform in accordance with the Civil Status Statistics Act.

• At the end of the ceremony, the officiating person (cleric or marriage commissioner) must provide the parties with a marriage certificate.

Any person authorized to perform marriages must register every marriage they solemnize according to the Vital Statistics Act. After the marriage ceremony, the person officiating (cleric or marriage commissioner) must provide the couple with a certificate of marriage.

A marriage is not considered invalid solely because the person performing the ceremony was not registered under the Marriage Act.

It is prohibited to perform a marriage ceremony if either of the contracting parties is under the influence of alcohol. Similarly, a person cannot marry someone they know or believe to be intoxicated.

The publication of banns is a procedure where the intention to marry is publicly announced. A license is not required if banns are published. The intention to marry is proclaimed during a religious service on two successive Sundays, or on two Saturdays if the religious service is held on Saturdays. If the couple does not reside in the same area, a similar proclamation should be made in the area where the other person resides.

Certificate of Death of Deceased Spouse

If one of the people planning to get married was previously married and their previous spouse has passed away, they need to provide a certificate of death of the deceased spouse.

• This certificate should be issued under the Vital Statistics Act or the relevant law governing vital statistics where the death was registered.

Acceptance of Proof of Death:

If it's not possible to obtain a certificate of death for the deceased spouse, the cleric or issuer responsible for the marriage process can accept an affidavit instead.

• The affidavit should be made by a credible adult who has knowledge of the death, and it must be sworn before a justice of the peace, commissioner for oaths, or notary public.

Application for Presumption of Death:

If a previously married person has a legal order declaring the presumption of death of their previous spouse, obtained under the Presumption of Death Act, and they want to get married again, they need to provide a certified copy of the order.

• This certified copy, along with a statutory declaration made by the person and another statutory declaration made by their intended spouse, should be delivered to the cleric or issuer involved in the marriage process.

Dissolution or Annulment of Previous Marriage

If one of the parties intending to get married has been previously married but the marriage was dissolved or annulled in the Yukon, they need to provide a certificate of dissolution or annulment obtained from the appropriate official under the Vital Statistics Act. Alternatively, they can provide a certified copy of the decree absolute or decree of annulment obtained from the court, along with a certificate showing that no appeal has been brought or that any appeal has been dismissed.

• If the previous marriage was dissolved or annulled outside of the Yukon, the party should provide a certificate or certified/notarial copy of the dissolution or annulment, or the decree absolute or decree of annulment, obtained from the relevant public or court official in the province, state, or country where the marriage was dissolved or annulled.

Yukon Marriage Act s. 15, 17-19, 37-39