LAW 201 Chapter Notes - Chapter x: Civil Marriage Act, Collaborative Law, Alternative Dispute Resolution
15 Mar 2018
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Document Summary
Constitutional jurisdiction over families is split between the federal and provincial governments. Section 91(26) gives the fedral parliament jurisdiction over marriage and. Divorce and sections 92(12) and 92(13) assign provinces power over solemnization of marriage and property and civil rights . Federal government has exclusive jurisdiction over the definition of a valid marriage (defining its substantive requirements) and over the grounds for divorce. Canadian law recognizes the difference between the essential validity and the formal validity of a marriage. Essential validity concerns a person"s capacity to marry and the substantive requirements of a valid marriage, federal jurisdiction. Formal validity refers to the formalities or ceremonial requirements of a marriage, and these matters come under provincial jurisdiction: essential validity. There are just two statutes dealing with specific aspects of a person"s capacity to marry (the civil marriage act and the marriage (prohibited degrees) act.
