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CLU3M Unit 5 Lesson 1: Marriage
Transcript of CLU3M Unit 5 Lesson 1: Marriage
and Provincial Jurisdiction A marriage is a strong commitment made by individuals – aspects which are private and public
The idea of marriage varies culturally, in Canada it is generally as a result of two individuals having fallen in love “Essential Validity” – The parties proposed to be married have the legal capacity to marry (of age, not married to someone else, not be related, etc)
Must be freely consented to
Polygamy is illegal “Formal Validity” – Requirements by each province as to who may perform marriage ceremonies and how and when marriage licences may be obtained A member of a religious organization who is licensed under the Marriage Act of the Province or Territory – religious weddings
A judge, justice of the peace or marriage commissioner registered under the marriage act – civil weddings
No required form of weddings
Partners must know of no lawful reason prohibiting the marriage and the marriage must be performed before at least two witnesses If irregularities occur during the marriage, items may be ‘cured’ and the marriage may remain valid
If someone is legally prohibited from being married, the marriage can be canceled immediately after the fact
Lack of consent can void a marriage
Annulment – cancellation of an invalid marriage. No claims for spousal support or division of property can be made Women are not forced to take the name of their husbands, but in some provinces, they change the name automatically unless a form is filled out and submitted to stop it.
Income tax is affected, must indicate they are married as it has some effect on certain tax calculations
Rights to property, assets (death, divorce, bankruptcy, etc) Pre-nuptial agreement – a contract between spouses that outlines how some, or all, of the assets will be divided if and when the marriage ends
Domestic contracts (a marriage contract is an example of this) can also occur after marriage
Can also deal with children in the event of divorce, children from a past marriage, etc
Courts may override agreements based on children if the situation is not in the best interest for the child