Law 2101 Lecture Notes - Lecture 34: Prenuptial Agreement, Community Property, Civil Marriage Act
27 Feb 2017
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No defects in formalities: or defect is cured by legislative provision (ex. ) No problems with partners" capacity to marry one another (ex. ) In ontario you can marry your cousins, just not siblings, etc. Formal validity: ceremonial formalities needed for valid marriage, formal validity is provincial; the ceremonial part. Essential validity: capacity of partners to marry one another, mental capacity, and the right age 18, between 16-18 = with the consent of your parents, the capacity is federal. Importance of distinction: one is federal; other is provincial. Determining validity of marriage with foreign element: validity of marriages with foreign elements, capacity to marry is determined by law of pre-marriage domicile of each person. The ceremony itself is decided by the place of marriage: formal requirements are determined by place of marriage. Banns = minister announces the couple are planning to marry on a certain date.
