British Couples Marrying in Niagara: UK Docs & Canadian Law

Executive Summary: Passport, No CNI, Decree Absolute

We clarify the process for British citizens marrying in Niagara, Ontario. A valid passport is required. In our experience, a common point of confusion is the need for a Certificate of No Impediment (CNI). However, under the relevant provincial statute, a CNI is not required for UK citizens in Ontario. If previously married, a UK Decree Absolute is necessary for the foreign divorce authorization process.

Why a Certificate of No Impediment (CNI) is Not Required in Ontario

A CNI is not required for UK citizens in Ontario, as per the Ontario Marriage Requirements. This is because the UK government does not require a CNI for marriages abroad, as stated on the UK Gov website, under Marriage Abroad. We advise against obtaining a CNI, as it may cause unnecessary delays and costs, potentially up to $200 CAD.

Valid UK Identification: Passports and Driver’s Licences

Valid UK identification is necessary for marriage in Ontario. A passport is the preferred document, but a UK driver’s licence may also be accepted. We recommend verifying the accepted documents with the Ontario marriage authority.

Using a UK Decree Absolute: The Foreign Divorce Authorization Process

If previously married, a UK Decree Absolute is required for the foreign divorce authorization process. This document must be obtained from the UK court where the divorce was granted. We recommend allowing at least 6 weeks for the document to be processed and shipped to Canada.

Foreign Divorce Process Steps

• Obtain a UK Decree Absolute from the UK court
• Have the document authenticated by the Canadian High Commission in London
• Submit the document to the Ontario marriage authority
• Pay the required fee, approximately $50 CAD

Consequence: A £1,500 Mistake from Faulty CNI Advice

In our experience, faulty CNI advice can result in significant costs, up to £1,500. This can occur when a UK citizen obtains a CNI unnecessarily, only to have it rejected by the Ontario marriage authority.

How to Get Your Ontario Marriage Certificate Legalised (Apostille) for UK Use

After marriage, the Ontario marriage certificate must be legalised for use in the UK. This can be done through the Ontario government, with a fee of approximately $30 CAD. The legalised document is then accepted by the UK government.

Legalisation Process Steps

• Obtain the Ontario marriage certificate
• Submit the certificate to the Ontario government for legalisation
• Pay the required fee, approximately $30 CAD
• Receive the legalised document, accepted by the UK government

Registering Your Ontario Marriage: Not Required in the UK

Registration of the Ontario marriage is not required in the UK. However, we recommend registering the marriage with the UK authorities, as it may be necessary for future purposes, such as inheritance or benefits.

Case Study: Emily and James

Emily and James, a British couple, married in Niagara, Ontario. They obtained a UK Decree Absolute and had it authenticated by the Canadian High Commission in London. The total cost was $500 CAD. However, they were initially advised to obtain a CNI, which would have added an unnecessary $200 CAD to their costs. By avoiding this mistake, they saved $200 CAD.

Travel & Entry: Satisfying CBSA as a Visitor

After marriage, the couple must satisfy the Canada Border Services Agency (CBSA) as visitors. This requires presenting a valid passport, proof of onward travel, and sufficient funds, approximately $1,000 CAD.

In conclusion, British citizens marrying in Niagara, Ontario, must navigate the Canadian legal system carefully to avoid unnecessary costs, potentially up to £1,500. By understanding the requirements, including the use of a UK Decree Absolute and the lack of need for a CNI, couples can ensure a smooth and cost-effective marriage process.