Law 2101 Lecture Notes - Lecture 7: Equalization Payments, Community Property, Civil Marriage Act
23 Apr 2018
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Importance of distinction: one is federal; other is provincial, validity of marriages with foreign. , divisions of power, essential validity. Federal: formal validity, provincial, determining validity of marriage with foreign element, capacity to marry is determined by law of pre-marriage domicile of each person, formal requirements are determined by place of marriage. Example of marriage with foreign element: 2 persons who are domiciled in canada marry one another in costa rica. S. 2 marriage, for civil purpose, is the lawful union of 2 persons to the exclusion of all others. S. 4 for greater uncertainty a marriage is not void or voidable by reason only that the spouse are the same sex. Federal act: 1986-current divorce act came into effect. Family property: covered by statutory rules, part 1 of family law act imposes deferred, equal sharing of economic gain during marriage, part 2 of family law act imposes special rules for matrimonial homes.
