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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)
Revision as of 16:58, 2 July 2019
, 16:58, 2 July 2019→Legal requirements of marriage
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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. | ||
For a quick summary on getting married | For a quick summary on getting married in British Columbia, 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. | ||
===Relatedness=== | ===Relatedness=== | ||
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Two rules of the common law govern the validity in British Columbia of marriages performed outside the province: | Two rules of the common law govern the validity in British Columbia of marriages performed outside the province: | ||
*the formalities of the marriage (the mechanics of the marriage ceremony) are those of the law in the place where the marriage occurred, and | |||
*the legal capacity of each party to marry is governed by the law of each party's domicile. | |||
This means that people who live in British Columbia may be married elsewhere by a hairdresser holding a badger, for example, if the laws of that place allow hairdressers holding badgers to marry people (the ''formalities of marriage''). On the other hand, if two 10-year-olds who live in British Columbia are married outside of Canada by a priest or marriage commissioner, their marriage will be voidable (the ''capacity to marry''), regardless of the local validity of the marriage ceremony. | This means that people who live in British Columbia may be married elsewhere by a hairdresser holding a badger, for example, if the laws of that place allow hairdressers holding badgers to marry people (the ''formalities of marriage''). On the other hand, if two 10-year-olds who live in British Columbia are married outside of Canada by a priest or marriage commissioner, their marriage will be voidable (the ''capacity to marry''), regardless of the local validity of the marriage ceremony. | ||
