Law 2101 Lecture Notes - Lecture 1: Civil Marriage Act, Divorce Act (Canada), De Facto
Document Summary
Marriage: valid marriage, no defects in formalities, or defect is cured by legislative provision. Example: s. 31 of ontario"s marriage act (p. f-8: no problems with partners" capacity to marry one another. Examples: not too closely related by blood / of sufficient age: ends on death or divorce. Formal validity: ceremonial formalities needed for valid marriage. Provincial; s. 91(12) of constitution act, 1867: ontario"s marriage act. Licence or banns of marriage : who can officiate. Failure to comply with ontario"s marriage act may have no legal effect because defect may be cured: h & w discover rev. Bob who officiated at their wedding was excommunicated by his denomination three weeks before the ceremony and was not authorized to conduct weddings. Any effect: 31 of ontario"s marriage act cures this formal defect if h. & w acted in good faith & cohabited as a married couple : essential validity: capacity of partners to marry one another.
