Marriage and Divorce

100 %
0 %
Information about Marriage and Divorce

Published on December 1, 2008

Author: aSGuest4728


Marriage : Marriage Family Law: What is Family Law? : What is Family Law? Family law is the branch of private law that deals with the relationships among members of a family. The definition of the term “family” is not necessarily the same today as it was in the past… Changing Family Structure : Changing Family Structure Until the 1960’s, a Canadian “family” was almost exclusively made up of a husband, a wife, and one or more children. The wide variety of family structures that exist in Canada today makes defining an “average Canadian family” impossible. Because the definition of a family has broadened considerably in recent years, Canadian family law has changed dramatically as well. Marriage is a Major Aspect of Family Law : Marriage is a Major Aspect of Family Law Both the federal and provincial governments have jurisdiction over aspects of marriage. The federal government has jurisdiction over the essential requirements for a valid marriage (this ensures that a marriage that takes place in Nova Scotia is recognized in other provinces) The provincial government has jurisdiction over the solemnization of marriage (this deals with the process of the marriage ceremony). The provinces have turned this over to municipalities The 6 Essential Requirements of Marriage : The 6 Essential Requirements of Marriage Mental Capacity: in order to have a valid marriage, both parties must have the mental capacity to understand the ceremony as well as the duties and responsibilities created by the marriage If mental capacity does exist during the marriage, but ceases to exist afterward, the marriage remains valid. Slide 6: No Prior Marriages: In Canada, it is illegal to be married to more than one spouse at a time. A person who does this commits the crime of bigamy. In cases of bigamy, the second marriage is illegal, and becomes void. The 6 Essential Requirements of Marriage The 6 Essential Requirements of Marriage : Genuine Consent: Marriage is a contract, and like all contracts, both parties must give their free and voluntary consent to it. If either party is forced or tricked into marriage, the marriage may be declared void. Lack of consent can result from either mistake or duress Mistake can be either mistaken identity or mistake as to the nature of the ceremony Duress happens when someone marries because he/she is afraid for his/her life, health or freedom The 6 Essential Requirements of Marriage The 6 Essential Requirements of Marriage : Sexual Capacity: Both parties to the marriage must be physically able to have sexual intercourse in order to consummate the marriage. This essential requirement used to state that the parties in a marriage had to be of the opposite sex AND physically able to have intercourse. The Federal Government has changed this requirement recently, legalizing same-sex marriage. The 6 Essential Requirements of Marriage The 6 Essential Requirements of Marriage : Minimum Age: Each party in the marriage must be old enough to marry. The age requirement is somewhat fuzzy, because the federal government has not established a minimum age for marriage. Because of this, the English common law ages have been adopted (14 years for males, and 12 for females). **Note: Each province has instituted its own minimum ages for marriage (text pg. 360)** The 6 Essential Requirements of Marriage The 6 Essential Requirements of Marriage : People who are closely related cannot marry. These close relations fall into two categories: Affinity – relationships by marriage (i.e. stepmother, father-in-law, etc.) Consanguinity – relationships by blood (mother, father, etc.) **Which relatives can marry? See textbook pg. 356** The 6 Essential Requirements of Marriage The Formal Requirements of Marriage : The Formal Requirements of Marriage The rules governing the procedures of the marriage ceremony fall under the jurisdiction of provincial governments. Since each province or territory sets its own formal requirements for marriage, the process of marriage differs slightly from province to province. Depending on your province, there are three formal requirements of marriage: Marriage License or Banns Marriage Ceremony Minimum Age Marriage License or Banns : Marriage License or Banns Any couple planning marriage must either get a marriage license, or (in Ontario, Manitoba and Saskatchewan) have the banns of marriage read in their place of worship. There are time limits associated with marriage licenses and banns of marriage…these vary from province to province, but couples must usually marry somewhere between 2 and 90 days after posting banns or obtaining a marriage license. The Marriage Ceremony : The Marriage Ceremony A marriage ceremony must be performed for a marriage to be legal. Wedding ceremonies can vary widely, but they must all meet some basic criteria: (Found on text pg. 359) The ceremony must be performed by someone with the legal authority to perform a marriage ceremony (a priest, rabbi, minister, judge, justice of the peace or a marriage commissioner). The ceremony must be witnessed by at least two people, who sign the Certificate of Registration of Marriage. The people being married must declare that they know no reason why they should not be married, and that each takes the other to be a lawful wedded spouse. The person conducting the ceremony must pronounce the couple married. Minimum Age : Minimum Age Minimum age, as discussed earlier, falls under both federal and provincial jurisdiction, and is somewhat unclear at the present. Blood Tests : Blood Tests Some provinces used to require people who wish to be married to complete a blood test. These blood tests were used to establish blood types and to test for diseases. These tests are no longer required.

Add a comment

Related presentations

Related pages

Marriage Divorce Remarriage - Christian Marriage Restoration

A comprehensive analysis of the marriage, divorce and remarriage issues. What is a Biblical marriage? What about divorce and remarriage? What about my ...
Read more

Marriage and Divorce

Marriage and divorce are both common experiences. In Western cultures, more than 90 percent of people marry by age 50. Healthy marriages are good for ...
Read more

Divorce - Divorce Advice, Support & Tips |

Divorce - Get divorce advice, support & tips for men and women. Expert help from professionals available on getting a divorce.
Read more

Divorce - Wikipedia, the free encyclopedia

Divorce (or dissolution of marriage) is the termination of a marriage or marital union, the canceling and/or reorganizing of the legal duties and ...
Read more

Marriage and Divorce Records - Free Genealogy Database

Marriage and divorce records from around the world. Find over 55 million current and historic marriages. Research your ancestors for free in our extensive ...
Read more

Love, Marriage & Divorce - Wikipedia, the free encyclopedia

Love, Marriage & Divorce; Studio album by Toni Braxton and Babyface; Released: February 4, 2014 (2014-02-04) Recorded: 2013 Brandon's Way Recording Los ...
Read more

Divorce | Wex Legal Dictionary / Encyclopedia | LII ...

Divorce and Separation: An Overview. A divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to ...
Read more

Marriage, civil partnership and divorce - GOV.UK

Marriage, civil partnership and divorce. A to Z. Annul a marriage; Arranging child maintenance yourself; Change your name by deed poll; Child maintenance ...
Read more

Birth, Adoption, Death, Marriage & Divorce - Province of ...

Birth, Adoption, Death, Marriage & Divorce. Popular Topics. Birth Registration & Birth Certificates. This section shows how to register your child's birth, ...
Read more

Get a divorce - GOV.UK

You can get a divorce in England or Wales if you’ve been married at least a year and your relationship has permanently broken down. Getting a divorce is ...
Read more