View source for Married Spouses and the Law on Marriage

==Void marriages==

A marriage that is void ''ab initio'' &mdash; void "from the beginning" &mdash; is void as if it had never occurred. A marriage will be void ''ab initio'' if:

*one or both spouses were seven years old or younger (the absolute minimum age required to consent to marry under the old common law) at the time of the marriage,
*the spouses were within the prohibited degrees of relatedness,
*one or both of the spouses did not have the mental capacity to marry, or
*one or both of the spouses were already married at the time of the marriage.

In general, an application to the court is not required to dissolve a marriage that is void ''ab initio'' since void marriages are void from the get-go. However, you may want to apply to court for a ''declaration'' that your marriage is void if someone is making a claim against you based on the fact that you are supposed to be married.

It is important to know that even if a marriage is declared void, the parties may still have certain legal rights and obligations towards each other as long as they qualify as "spouses" under the provincial ''[[Family Law Act]]''.