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Difference between revisions of "Married Spouses and the Law on Marriage"
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Married Spouses and the Law on Marriage (view source)
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{{JP Boyd on Family Law TOC|expanded = relationships | {{JP Boyd on Family Law TOC|expanded = relationships}} | ||
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| resourcetype = a publication on ''Family Law Act'' basics titled <br/> | | resourcetype = a publication on ''Family Law Act'' basics titled <br/> | ||
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Being of opposite genders used to be one of the requirements for a valid marriage. Gay and lesbian couples have been able to marry in British Columbia since 8 July 2003. On 20 July 2005, with the passage of the ''Civil Marriage Act'', same-sex couples became able to marry throughout Canada. | Being of opposite genders used to be one of the requirements for a valid marriage. Gay and lesbian couples have been able to marry in British Columbia since 8 July 2003. On 20 July 2005, with the passage of the ''Civil Marriage Act'', same-sex couples became able to marry throughout Canada. | ||
===Relatedness=== | ===Relatedness=== | ||
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===Sham marriages=== | ===Sham marriages=== | ||
Sham marriages are marriages that are entered into without the intention of the spouses to live as husband and wife, but rather for some other purpose, such as tax benefits or immigration status. While these marriages might be voidable for lack of intent, the courts have, in some cases, found them to be binding on the parties nonetheless. If you are thinking of marrying someone to help them get into Canada, think twice: you may not be able to get out of the marriage quickly if something goes wrong. | Sham marriages are marriages that are entered into without the intention of the spouses to live as husband and wife, but rather for some other purpose, such as tax benefits or immigration status. While these marriages might be voidable for lack of intent, the courts have, in some cases, found them to be binding on the parties nonetheless. If you are thinking of marrying someone to help them get into Canada, think twice: you may not be able to get out of the marriage quickly if something goes wrong. | ||
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===Misrepresentation and fraud=== | ===Misrepresentation and fraud=== | ||
Fraud and misrepresentation, terms found in the law of contracts, may also make a marriage voidable. If misrepresentation is claimed, the deception must usually be as to identity or some other material fact about the marriage itself, rather than about something like income or social | Fraud and misrepresentation, terms found in the law of contracts, may also make a marriage voidable. If misrepresentation is claimed, the deception must usually be as to identity or some other material fact about the marriage itself, rather than about something like income or social standing. A classic case of fraud and misrepresentation involved the marriage of a woman to the identical twin of the man whom she had been dating and had intended to marry; the marriage was declared void on the wife's application once the deception was discovered. | ||
===Capacity to reproduce=== | ===Capacity to reproduce=== | ||
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All these issues except for divorce can be resolved by the spouses' agreement rather than be argued about in court. To get a divorce, the court must make a divorce order. | All these issues except for divorce can be resolved by the spouses' agreement rather than be argued about in court. To get a divorce, the court must make a divorce order. | ||
==Quick summary about getting married== | |||
For a quick summary on getting married, see [[How Do I Get Married in British Columbia?]] It's located in the section ''Marriage, Separation & Divorce'' in the ''How Do I?'' part of this resource. | |||
<!---HIDDEN | |||
==Further Reading in this Chapter== | |||
* <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | |||
END HIDDEN---> | |||
==Resources and links== | ==Resources and links== | ||
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* [http://www.vs.gov.bc.ca/marriage/ Vital Statistics Agency: Marriage registration and certificates information] | * [http://www.vs.gov.bc.ca/marriage/ Vital Statistics Agency: Marriage registration and certificates information] | ||
{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | |||
{{REVIEWED | reviewer = [[ | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
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[[Category:Marriage, Separation & Divorce]] | [[Category:Marriage, Separation & Divorce]] | ||
{{Creative Commons for JP Boyd}} | {{Creative Commons for JP Boyd}} | ||
