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ENTERING A MARRIAGE

ENTERING A MARRIAGE. Both federal & provincial governments have jurisdiction over marriage & family matters. Federal — Essential Requirements for a valid marriage—laws that deal with an individual’s legal & personal capacity to marry—apply to all Canadians.

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ENTERING A MARRIAGE

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  1. ENTERING A MARRIAGE Both federal & provincial governments have jurisdiction over marriage & family matters. Federal—Essential Requirements for a valid marriage—laws that deal with an individual’s legal & personal capacity to marry—apply to all Canadians. Provincial—Formal Requirements—additional rules regarding the solemnization of marriage (the wedding ceremony).

  2. Essential Requirements for Marriage—principles established under English common law—if a marriage doesn’t meet the essential requirements, it can be declared void—in the eyes of the law the marriage never existed. • Mental Capacity to Marry—both parties must have the ability to understand the nature of the marriage contract & the responsibilities/duties involved in marriage.

  3. Freedom of Consent—must give consent willingly—can’t be given under duress—can’t be a mistake about the identity of the person or the purpose of the ceremony. • Age of Consent—both parties must be a certain age—16 yrs. with parental consent—18 without parental consent. • Absence of Prohibited Relationship—can’t be too closely related to each other by blood = rules for consanguinity (ie woman can’t marry her father, grandfather, son brother, adopted brother or grandson)

  4. Prior Marriages—can only be legally married to one person at a time = monogamy. Being married to 2 people at the same time = bigamy & is a criminal offence in Canada (max. is 5 yrs. in prison). If guilty of bigamy, 2nd marriage is illegal & void. • Sexual Capacity—ability to consummate the marriage—occurs as soon as the couple has sexual intercourse after the wedding ceremony. Both parties must have sexual capacity.

  5. Formal Requirements for Marriage • Marriage Licence or Publication of Banns—purchase a marriage licence or proclaim banns of marriage at a religious ceremony. • Marriage Ceremony—must be witnessed by at least 2 people 18 yrs. of age or older & ceremony has to be conducted by someone who is authorized to do so. (ie judge, justice of the peace).

  6. ENDING A MARRIAGE • Separation Agreement—domestic contract that sets out the terms & conditions of separation (ie division of assets, support payments). • Divorce—is the legal ending of a valid marriage. One spouse (petitioner) files a petition for divorce which includes reasons for the divorce & requests or arrangements. The person being sued for the divorce = respondent.

  7. Marriage Breakdown—Under the Divorce Act, 1985, the only grounds for divorce & is established if spouses live apart for one year, if one spouse commits adultery or if one spouse has been physically or mentally cruel to the other.

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