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Difference between revisions of "Marriage (3:III)"
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→1. Legal Requirements
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Marriage creates a legal relationship between two people, giving each certain legal rights and obligations. A marriage must comply with certain legal requirements. Therefore, not all marriages are valid. | Marriage creates a legal relationship between two people, giving each certain legal rights and obligations. A marriage must comply with certain legal requirements. Therefore, not all marriages are valid. | ||
=== 1. Legal Requirements === | === 1. Legal Requirements and Barriers === | ||
To be valid, a marriage must meet several legal requirements. Failure to meet these requirements may render the marriage void ''ab initio'' (void from the beginning). In other circumstances, such as sham marriages or marriage in which one party did not consent or did so under duress, the marriage may be voidable, meaning the marriage is valid until an order is made by the Court to annul the marriage. | To be valid, a marriage must meet several legal requirements. Failure to meet these requirements may render the marriage void ''ab initio'' (void from the beginning). In other circumstances, such as sham marriages or marriage in which one party did not consent or did so under duress, the marriage may be voidable, meaning the marriage is valid until an order is made by the Court to annul the marriage. | ||
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==== e) Residency ==== | ==== e) Residency ==== | ||
The ''Civil Marriage Act'', SC 2005, c 33 was passed in 2014. With this new act, marriages performed in Canada between non-Canadian residents will be valid in Canada, regardless of the law in either spouse’s country of residence. Additionally, Canadian courts will be able to grant divorces to non-resident spouses who were married in Canada, and who are unable to get divorced in their own state because that state does not recognize the validity of the marriage. | The ''Civil Marriage Act'', SC 2005, c 33 was passed in 2014. With this new act, marriages performed in Canada between non-Canadian residents will be valid in Canada, regardless of the law in either spouse’s country of residence. Additionally, Canadian courts will be able to grant divorces to non-resident spouses who were married in Canada, and who are unable to get divorced in their own state because that state does not recognize the validity of the marriage. | ||
=== 2. Foreign Marriages === | === 2. Foreign Marriages === | ||
