Application for marriage licence
17(1)An application for the issue of a marriage licence shall be made in the following manner: both parties to the intended marriage shall personally attend before the issuer and, being examined separately and apart from one another, each shall make an affidavit, on the form provided by the Registrar, that shall state the following:
(a)
in what city, town, village or parish it is intended that the marriage is to be solemnized and the person before whom it is intended that the marriage is to be solemnized;
(b)
that he or she believes there is no affinity, consanguinity, prior marriage or other lawful cause or legal impediment to bar or hinder the solemnization of the marriage;
(c)
the age of the deponent and that the other contracting party is of the full age of 18 years, or the age of that contracting party if he or she is 16 years of age or over but under 18 years of age;
(d)
the facts necessary to enable the issuer to judge if the required consent has been given in the case of a party 16 years of age or over but under the age of 18 years, or if that consent is necessary;
(e)
the marital status of the parties, being one of the following:
(i)
never previously married;
(ii)
previously married and divorced, stating the date of the final decree, judgment or order;
(iii)
marriage declared a nullity, stating the date of the final decree; or
(iv)
previously married and widowed, stating the date of death of the previous spouse;
(e.1)
that the deponent gives his or her free and informed consent to become the spouse of the other contracting party; and
(f)
any other or additional information that may be prescribed by the Lieutenant-Governor in Council.
17(2)The affidavits shall be taken and subscribed before the issuer to whom the application is made.
17(3)Before administering the oath to an applicant, the issuer shall see that the applicant is aware of what degrees of affinity and consanguinity are a bar to the solemnization of marriage.
17(4)The affidavits provided for in this Act shall be filed with the issuer to whom the application is made and, in case of a divorced person seeking to marry, proof of divorce, in accordance with the regulations, and in the case of a previously married and widowed person seeking to marry, proof of death, in accordance with the regulations, shall also be filed and the issuer shall transmit it to the Registrar.
17(5)When the proof of divorce or death required to be filed under subsection (4) or any part of that proof is not in the English or French language, it shall be accompanied by a translation of it satisfactory to the Registrar.
R.S.1973, c.M-3, s.16; 1983, c.50, s.7; 1986, c.52, s.12; 1991, c.9, s.4; 1995, c.10, s.8; 2000, c.13, s.4; 2017, c.10, s.1