We had a religious ceremony but no civil marriage — what are our legal rights in Ontario?

In Ontario, a religious ceremony without civil solemnization does not create a legal marriage. To be legally married, a couple must obtain a marriage licence, have the ceremony performed by an authorized officiant, and register the marriage with the province. If only a religious ceremony took place without these steps, the couple is not legally married under Ontario law and does not have the rights and obligations of married spouses under the Family Law Act.

This means the couple would be treated as common-law partners for provincial family law purposes — assuming they meet the cohabitation threshold — with the limited property rights and the support rights that common-law status provides. They would not have automatic equalization rights in property.

Some couples in this situation are unaware that they are not legally married, which can come as a significant surprise at separation. If you are in this situation and want the legal protections of marriage, the solution is to obtain a civil marriage in addition to any religious ceremony. If you do not plan to formalize your civil marriage, a cohabitation agreement can provide many of the protections that the Family Law Act gives to married spouses.