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→A. Marriage
Both spouses must be unmarried at the time of the marriage.
==== d) Age ==== Both spouses must be over the age of majority (19 in BC; see the [http://canlii.ca/t/5224c ''Age of Majority Act'', RSBC 1996, c7]). In BC, a minor between the ages of 16 and 19 can marry only with the consent of both of his or her parents (see the [http://canlii.ca/t/52pxh ''Marriage Act'', RSBC 1996, c 282, s 28]). A minor under the age of 16 can marry only if permission is granted in a Supreme Court order (s 29). However, a marriage is not automatically invalid if the requirements of sections 28 and 29 have not been met at the time of marriage (s 30); the Court may preserve the marriage if it is in the interests of justice to do so (e.g., if parties have grown up and have lived as husband and wife for some time). ==== e) Mental Capacity ====
At the time of the ceremony, both parties must be capable of understanding the nature of the ceremony and the rights and responsibilities involved in marriage.
==== ef) Residency ====
The ''Civil Marriage Act'', SC 2005, c 33 was passed in 2014. With this new act, marriages performed in Canada between non-Canadian residents will be valid in Canada, regardless of the law in either spouse’s country of residence. Additionally, Canadian courts will be able to grant divorces to non-resident spouses who were married in Canada, and who are unable to get divorced in their own state because that state does not recognize the validity of the marriage.
=== 2. = g) Foreign Marriages ====
The common law rule is that the formalities of marriage – i.e. who can marry, who can perform weddings – are those of the law where the marriage took place, while the legal capacity of each party is governed by the law of the place where they live.
=== 3. = h) Sham Marriages ====
When parties marry solely for some purpose such as tax benefits or immigration status, the marriage may be voidable for lack of intent. However, the marriage may not be void for lack of intent alone, and courts may find the marriage valid and binding when the parties consented to the union (for example, see [http://canlii.ca/t/26v81 ''Grewal v Kaur'', 2009 Carswell Ont 7511, 84 Imm LR (3d) 227 (Ont SCJ)]. Sham marriages are uncommon.
=== 4. = i) Customary Marriage ====
The law recognizes traditional customary marriages of Aboriginal people in some circumstances where the marriage meets the criteria of English common law.
== B. Common Law Relationships ==