Law 2101 Lecture Notes - Lecture 10: Civil Marriage
22 Dec 2019
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Ceremony: failure to comply with may have no legal effect because defect may be cured, essential validity- capacity of partners to marry one another, federal, civil marriage act (canada) S. 2- marriage, for civil purposes, is the lawful union of 2 persons to the exclusion of all others. S. 4- for greater certainty, a marriage is not void or voidable by reason only that the spouses are the same sex: kissing cousins. Cousins can marry one another because relationship is outside prohibited degrees of consanguinity and affinity. Importance of distinction: one is federal, other is provincial, validity of marriages with foreign elements. Capacity to marry is determined by law of pre-marriage domicile of each person. Formal requirements are determined by place of marriage. 2 persons who are domiciled in canada marry one another in. Capacity to marry one another governed by canadian law. Formal requirements governed by law of costa rica.
