Civil marriage before a notary
In Canada, the solemnization of civil unions is not only the business of the clerks and the mayor. Many other officials recognized by law, such as municipal officials and borough council members, are also recognized officiants. Similarly, notaries are entitled to validate your civil union. Their intervention makes the terms of the marriage contract more flexible. Understand the role of a notary in your civil marriage ceremony.
What are the roles of the notary in a civil marriage?
The notary’s primary function is to advise your couple. He will explain the matrimonial regimes of a marriage, their system and their specificity in the management of wealth. He will help you weigh the pros and cons of each regime. He will also detail the consequences of a marriage without a contract.
Its official function is to confirm your choice. After the selection of the matrimonial regime, he proceeds to the drafting of your marriage contract. After signing the contract, he will affix the seal of the State and register it.
His services will also be required when the contract is amended. Please note that a period of two years of official union of the spouses is necessary before proceeding with any changes.
What are the steps of the marriage ceremony with a notary?
The administrative preparations for the civil marriage contract must be started 2 months before the wedding, since the notary has a legal deadline for its authentication. A first meeting between the notary and the couple takes place on average 10 days before the signature. During the first meeting, the notary will present the matrimonial regimes and will go into detail to answer the question: what is the best marriage contract for their situation? He will also collect the necessary information.
The expert must then sign and publish the document at the town hall 15 days before the wedding. This time frame will allow him/her to comb through the eligibility of the bride and groom.
What is the impact of the notary’s intervention in the matrimonial regime?
The presence of the notary at the signing of the marriage contract has an impact on the distribution of property and the succession.
In the event of death, the surviving spouse receives 50% of the couple’s assets if the contract follows the universal community regime. The provision could result in the sale of the principal residence for the payment of estate taxes. The sale only takes place if the property occupies the major part of the deceased’s patrimony.
In the case of a separation of property, the deceased’s patrimony is divided among the heirs.
What are the advantages of celebrating your marriage before a notary?
You will benefit from a great deal of expertise as well as a host of personalized legal advice concerning matrimonial regimes. He will explain the legal consequences of your commitment. Then, he will enlighten you on the risks, advantages and disadvantages of each matrimonial regime.
The personalization of your civil marriage ceremony is a privilege of the presence of a notary. Unlike a court clerk who cannot set foot outside the courthouse, the notary can travel to the location of your choice.
Furthermore, you are not required to comply with the official hours of celebration granted by the courthouse. The notary is available from 9 a.m. to 10 p.m., every day of the week.
What is the cost of a marriage contract in the presence of a notary?
The approximate cost of a marriage contract is between $350 and $450. The range changes depending on the situation and the needs of the couple.
As a general rule, the fee follows a specific formula. It is equal to the sum of several variables: the regulated fixed fees, the advertising fees, the procedural fees and the cost of drafting the contract.
Source : https://www.cnq.org/vos-services-notariaux/famille-et-couple/mariage-union-de-fait-et-union-civile/#faq-1064
