Married Spouses and the Law on Marriage: Difference between revisions
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Married Spouses and the Law on Marriage (view source)
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An invalid marriage is a marriage that does not comply with the formalities of marriage. These formalities include the authority of the person conducting the marriage to actually perform the marriage, an error in the marriage ceremony, or errors in the parties' marriage license. | An invalid marriage is a marriage that does not comply with the formalities of marriage. These formalities include the authority of the person conducting the marriage to actually perform the marriage, an error in the marriage ceremony, or errors in the parties' marriage license. | ||
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 license won't invalidate a marriage entered into in good faith; | 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 license won't invalidate a marriage entered into in good faith; section 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== | ==Married spouses' rights and responsibilities== | ||