Law 2101 Lecture Notes - Lecture 11: Civil Marriage Act, Family Law, Child Support
11 Apr 2018
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No defects in formalities (or defect is cured by legislative provision. No problems with partners" capacity to marry one another. I. e. not too closely related by blood, sufficient age. Essential validity: capacity of partners to marry one another federal. Formal validity: ceremonial formalities needed for valid marriage provincial. Capacity to marry is determined by law of pre-marriage domicile of each person. Formal requirements are determined by place of marriage. I. e. two people who are domiciled in canada marry one another in costa rica. Capacity to marry one another governed by canadian law. Formal requirements governed by law of costa rica. Failure to comply with oma may have no legal effect because defect may be cured. Bob who officiated at their wedding was excommunicated by his denomination three weeks before the ceremony and was not authorized to conduct weddings. S. 31 cures this formal defect if h & w acted in good faith and cohabited as a married couple .
