Law 2101 Lecture Notes - Lecture 14: Pierre Trudeau, Dementia, Civil Marriage
3 May 2018
School
Department
Course
Professor
Tuesday, February 13, 2018
Family Law: Class 1 — Marriage
- Common law couples who cohabit continuously for 3 years or who have a child together have
the same support obligations to one another as a married person under Part III of Ontario
Family law act
Valid Marriage
-No Exam questions on page 1-6
-No defects in formalities
•Or defect is “cured: by legislative provision
•Example s. 31 of Ontarios Marriage Act (F-8)
•At one time the only way to get divorce was to prove adultery
•50 years ago, Pierre Trudeau Passed legislation to modernize divorce
-No problems with partners capacity to marry one another
•Not too closely related by blood. of sufieicent age
-Concentinutiy
•Cannot marry parent or grandparent, sister, brother or half
•You can marry your first cousin
•Ability to consent
•Someone marrying elderly person with dementia with large assets, so validity
can be issue since do they havre the capacity
•Prior Existing Marriage (Bigamy)
-Can make invalid
-Andrew Jackson
•Accused of bigamy
•Marriage ends on death or divorce
!1
find more resources at oneclass.com
find more resources at oneclass.com
Tuesday, February 13, 2018
Essential & Formal Validty
-Formal validity
•Ceremonial formalities needed for valid marriages
-A licence
-Essential validity
•Capacity of partners to marry one another
-Procedural Defects
•Some cases where someone performs marriage but isn't authorized
•Couple failed to get license or to arrange for publication of banns
•Defect in Insuance of the licence or the publication of banns
•Someone must be licensed to perform marriage
-Clergymen, justice, judge
•In provincial legislation if the person isn't licensed, if they went through it in good
faith and continued to continue together as a couple, then it is fine. Same if you
didn't know you need marriage licence
•Need to be 18 to be married or 16 with parental permission
-Importance of Distinction
•One is federal; other is provincial
•Valifidy of marriages with foreign elms
-Example: Canadians who reside in ontario but marry on resort wedding
•Essential Validty: The foreign aspect
-Is federal jurisdiction
•Formal Validity: Marriage licence, etc.
-Provincial
-Determine Validity of Marriage with Foreign Element
!2
find more resources at oneclass.com
find more resources at oneclass.com
Tuesday, February 13, 2018
•Formal Requirements:
-As long as you file with he law of the place you got married it is fine
•Capacity to marry is determined by law of pre-marriage domicile of each person
-HAs to do with your country, are you old enough and do you have the capacity to
marry
-Two persona who are domiciled in Canada marry one another in Costa Rica
•Capacity to marry one another government by Canadina Law, everything else by
the country you get married in
-Civil Marriage Act (2005):
•Made after SCC on same sex marriage
•s. 2 marriage for civil purposes, is the lawful union of two persons to the exclusion
of all others
•s. 4 For greater certaint, a marriage is not void or voidable by reason only that the
sojpses are of the same sex
-Essential Validity of Marriage
•Abolition of the opposite sex requirement — Civil marriage act 2005
•Prohibited degrees of consanguinity and affinity
-Consanguinity: People who are too closely related by blood
-Affinity: Too closely related by family ties
-Cannot be related linearly — Mother son to grandfather & granddaughter
•People related like this through adoption is also not allowed
•No Prior existing marriage
-If already party to existing marriage, this union is void
!3
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Common law couples who cohabit continuously for 3 years or who have a child together have the same support obligations to one another as a married person under part iii of ontario. No problems with partners capacity to marry one another: not too closely related by blood. of su eicent age. Andrew jackson: accused of bigamy, marriage ends on death or divorce. Formal validity: ceremonial formalities needed for valid marriages. Essential validity: capacity of partners to marry one another. Clergymen, justice, judge: in provincial legislation if the person isn"t licensed, if they went through it in good faith and continued to continue together as a couple, then it is ne. Same if you didn"t know you need marriage licence: need to be 18 to be married or 16 with parental permission. Importance of distinction: one is federal; other is provincial, vali dy of marriages with foreign elms.
