Difference between revisions of "Married Spouses and the Law on Marriage"

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A marriage will be void ''ab initio'' if:
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),
*one or both spouses were seven years old or younger (the absolute minimum age required to consent to marry under the old common law),
#the spouses were within the prohibited degree of relatedness,
*the spouses were within the prohibited degree of relatedness,
#one or both of the spouses did not have the mental capacity to marry, or
*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.
*one or both of the spouses were already married at the time of the marriage.


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 if they qualify as "spouses" under the provincial ''[[Family Law Act]]''.
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 if they qualify as "spouses" under the provincial ''[[Family Law Act]]''.