Marriage is when two people agree to live together in a legally binding partnership supported by a legal or religious ceremony. A marriage is between two people only. It gives those people certain legal and financial rights that other couples do not have.
You have to do two things to get married in Nova Scotia:
- apply for a marriage licence through Nova Scotia Vital Statistics.
- get someone to perform the marriage ceremony, they must be registered with Nova Scotia Vital Statistics.
You also need two people who are at least 16 years old to be witnesses at the ceremony.
Who Can Get Married
Who can marry?
Anyone 19 or older may apply for a marriage licence in Nova Scotia. You need consent from your parents or guardians if you are between 16 and 19 years old. There are some exceptions.
You do not have to live in Nova Scotia to get married here.
Who cannot marry?
You cannot get married in Nova Scotia if you are under 16.
You cannot get married if you and your partner are closely related by marriage, blood or adoption. For example:
- brother and sister
- half-brother and half-sister
- adopted as a brother and sister.
The law that says who may not get married is the Marriage (Prohibited Degrees) Act (laws-lois.justice.gc.ca).
Married people may not remarry before their first marriage has legally ended (divorce). It’s not enough to be separated.
If you want to marry and have been divorced, you must prove that you are divorced when you apply for a marriage licence. The proof would be a Certificate of Divorce or Decree Absolute. If the divorce happened in another country and the final divorce papers are in another language, you must provide a translated document.
If you were widowed, you must provide proof that your spouse died. The death certificate is proof of death.
How to Get Married
How do I get a marriage license in Nova Scotia?
You must have a marriage licence before you get married. The licence does not mean that you are married, but only that you can get married. The licence is valid for 3 months from the date on the licence.
You can get a licence by going in person to Access Nova Scotia or a Deputy Issuer of Marriage Licences in your community. You must provide identification with your full name, age, marital status, and address.
In Halifax Regional Municipality, you can buy a marriage licence by appointment with a deputy issuer or from a Halifax Regional Municipality Customer Service Centre during regular business hours. In all other areas of Nova Scotia, you can buy the licence by making an appointment with a deputy issuer or by going to a Service Nova Scotia Access Centre.
Visit novascotia.ca/sns/access/vitalstats/marriage.asp for a list of deputy issuers in each county and their contact information.
As of 2023, the fee for a marriage licence is $132.70.
How do I find someone to perform the ceremony?
You can choose to have either a religious or a civil ceremony.
The person you choose to perform a religious marriage ceremony must be registered with Nova Scotia Vital Statistics under the Solemnization of Marriage Act. Officiants from religious groups can refuse to perform marriages that do not meet their beliefs.
If you are having a religious ceremony, you and the person who performs the ceremony should agree on their fee before the ceremony.
A justice of the peace or a judge can perform a civil ceremony. The deputy issuer of marriage licences and the Nova Scotia Department of Justice website can provide a list of justices authorized to perform marriages in your area.
The government sets the fees for a marriage ceremony performed by a judge or justice.
Do I have to register my marriage?
Yes. All marriages must be registered with the Nova Scotia Vital Statistics Office. The marriage registration is your proof of marriage. The registration document is free. It is not the same as the marriage licence.
The person who performs your ceremony must:
- complete the marriage registration form which becomes the official record of the marriage
- send the completed registration form to the Deputy Issuer of Marriage Licenses within 48 hours of the marriage ceremony
- forward the registration form to Vital Statistics which registers the marriage and keeps the legal record.
Who do I contact to get married in Nova Scotia?
To be lawfully married in Nova Scotia, you must:
- get a marriage licence from Nova Scotia Vital Statistics
- arrange for a religious representative, judge or justice of the peace, to perform the ceremony.
- Please see additional questions below for more information, or contact Nova Scotia Vital Statistics.
What is a marriage certificate?
When you have the ceremony, your religious representative, justice of the peace or judge will provide you with a certificate of marriage. This certificate is a souvenir document and is not legal proof of marriage.
After the person who performs your marriage registers your Marriage Registration Form with Vital Statistics, you may apply to Vital Statistics for an official marriage certificate.
To order an official marriage certificate, visit: novascotia.ca/apply-marriage-certificate
Do I have to take my spouse's last name when I marry?
No. You may:
- keep using your current last name
- use a combination of your name and your spouse’s name
- go back to using your given name (if you were previously using a former spouse’s last name)
As well, both spouses can use either or both names.
How do I get my marriage from outside Nova Scotia or Canada recognized?
If you were married in another country, and you have a marriage certificate issued by another country's government, then the presumption in Canada is that the marriage is legitimate.
There is no requirement to register a foreign marriage in Canada. The marriage will be registered where it took place. The rules of the province, state or country where the marriage is performed apply. Also, for a foreign marriage to be legal in Canada, the ceremony must have followed some basic rules:
- both parties must be over the age of 16;
- both parties must be single at the time of marriage (you cannot be legally married to two people at the same time);
- they must consent to the marriage, and they must be legally competent to be able to give consent;
- both parties must be physically present at the marriage ceremony (some cultures allow for a proxy marriage, which is not recognized in Canada),
- they must both sign the marriage certificate
- their signatures must be witnessed by someone who can confirm that the person was physically present, voluntarily consented to the marriage, and had the legal capacity to consent.
As long as those basic rules were followed,the marriage will be legal in Canada.
Canada issues Statements in lieu of Certificates of Non-Impediment to Marriage Abroad for people who want to get married outside Canada in a country where such a document is needed.
For more information, visit travel.gc.ca/travelling/documents/marriage-overseas.
How soon can I marry after a divorce?
You can marry any time after your divorce is final and you have your Certificate of Divorce. This usually means 30 days after the judge grants the divorce and as long as your spouse does not appeal.
However, when planning a wedding date, remember that it takes 5 days to get the marriage licence. You won’t be able to apply for a licence until you have proof that the divorce is final. Do not schedule a wedding before your divorce is final.
Ending a Marriage
What happens if a marriage breaks down?
When a marriage breaks down, partners must decide whether to separate or divorce and legally end the marriage.
If the separation seems permanent, contacting a lawyer to learn about your and your children’s rights is a good idea. Record any agreements in writing so everyone is clear about the parenting, support and financial arrangements until a final agreement is in place.
For either separation or divorce, you or your spouse may be entitled to apply for a parenting order, child support, spousal support and a division of matrimonial property.
Find more information on our family law pages or https://www.nsfamilylaw.ca/separation-divorce.
How do you end a marriage with an annulment?
There are legal and religious annulments to end a marriage.
Legal: An annulment is a legal declaration way to say that a marriage between two people never happened.
A marriage begins with a proper ceremony. But sometimes a person can argue that the ceremony was not correctly performed. They need to show that:
- an authorized person did not perform the marriage ceremony
- they didn’t have a marriage licence
- one or both people were minors and did not have parental consent.
A marriage may have never come into existence if one partner:
- was still married to someone else when the marriage took place
- was too closely related to the other partner, according to the Marriage (Prohibited Degrees) Act
- could not give consent at the time of the marriage, for example, because they were insane, ill, drunk or drugged
- was forced into the marriage
- thought the other party was someone else.
Religious: A religious annulment is not the same as a legal annulment. If you have a religious annulment and you want to remarry, you still may have to get a divorce or a legal annulment as well.
When a marriage is annulled, the property goes back to its original owner as if the marriage did not take place. Children of the marriage are considered legitimate as long as one parent thought the marriage was valid. The children have the usual rights of care, financial support and inheritance from their parents.
Where can I find more information about marriage in Nova Scotia?
If you are interested in a religious wedding, contact the relevant religious institution for information about their wedding process.
For more information about civil weddings, you can check out:
Last reviewed: July 2021