Law 2101 Chapter Notes - Chapter 4: Contract, Equalization Payments, Joint Custody

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Formal validity of marriage: ceremonial formalities needed for valid marriage (provincial) Person who officiates the marriage must be authorized to solemnize marriages. Must be two witnesses to the ceremony at which both parties must be present. Capacity to marry (i. e. not too closely related by blood, sufficient age) Couples must have marriage license or have a (cid:498)publication of banns(cid:499) during religious worship services. Failure to comply with oma may have no legal effect, but some procedural defects are (cid:498)cured(cid:499) marriage is (cid:498)deemed a valid marriage(cid:499) even though: Provided that the couples acted in good faith and lived together as a married couple after the ceremony, a. Person who officiated was not authorized to solemnize marriage. Couple failed to get a license or to arrange for publication of banns. There was a defect in the issuance of the license or publication of banns. Essential validity of marriage: capacity of partners to marry one another (federal)

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