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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 04:25, 22 March 2013
, 04:25, 22 March 2013→Invalid Marriages
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There is a common law presumption that a marriage should not be declared invalid merely because the marriage didn't meet the required formalities, and the court will try to uphold invalid marriages when it can. Section 16 of the provincial ''Marriage Act'' provides, for example, that irregularities in a marriage licence won't invalidate a marriage entered into in good faith; s. 11 similarly provides that a marriage conducted by an unauthorized person won't be declared invalid if the marriage is unchallenged. | There is a common law presumption that a marriage should not be declared invalid merely because the marriage didn't meet the required formalities, and the court will try to uphold invalid marriages when it can. Section 16 of the provincial ''Marriage Act'' provides, for example, that irregularities in a marriage licence won't invalidate a marriage entered into in good faith; s. 11 similarly provides that a marriage conducted by an unauthorized person won't be declared invalid if the marriage is unchallenged. | ||
==Married Spouses' Rights and Responsibilities== | |||
While a couple is married, the federal ''Criminal Code'' requires each spouse to provide the other with the "necessities of life", whatever that means. Apart from that, there are no laws that define the duties involved in marriage. | |||
When a married couple separates, each of the spouses have certain rights under the federal ''Divorce Act'' and the provincial ''Family Law Act''. Under the ''Divorce Act'', a spouse can ask for: | |||
#a divorce; | |||
#custody of and access to any children born of the marriage; | |||
#child support for any children born of the marriage as well as for any stepchildren; and, | |||
#spousal support. | |||
Under the ''Family Law Act'', a spouse can ask for: | |||
#parental responsibilities and parenting time in respect of any children; | |||
#child support for any children born of the marriage as well as for any stepchildren; | |||
#spousal support'; | |||
#a share of the family property and any family debt; | |||
#an order protecting property; and, | |||
#a protection order if he or she feels at risk of family violence. | |||
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. | |||
==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||