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Difference between revisions of "Married Spouses and the Law on Marriage"

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Being of opposite genders used to be one of the requirements for a valid marriage. Gay and lesbian couples have been able to marry in British Columbia since 8 July 2003. On 20 July 2005, with the passage of the ''Civil Marriage Act'', same sex couples became able to marry throughout Canada.
Being of opposite genders used to be one of the requirements for a valid marriage. Gay and lesbian couples have been able to marry in British Columbia since 8 July 2003. On 20 July 2005, with the passage of the ''Civil Marriage Act'', same sex couples became able to marry throughout Canada.


For a quick summary on getting married ion British Columbia, see [[How Do I Get Married in British Columbia?]] It's located in the section ''Marriage, Separation & Divorce'' in the ''How Do I?'' part of this resource.  
For a quick summary on getting married in British Columbia, see [[How Do I Get Married in British Columbia?]]. It's located in the section ''Marriage, Separation & Divorce'' in the ''How Do I?'' part of this resource.  


===Relatedness===
===Relatedness===
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Two rules of the common law govern the validity in British Columbia of marriages performed outside the province:
Two rules of the common law govern the validity in British Columbia of marriages performed outside the province:


#the formalities of the marriage (the mechanics of the marriage ceremony) are those of the law in the place where the marriage occurred, and
*the formalities of the marriage (the mechanics of the marriage ceremony) are those of the law in the place where the marriage occurred, and
#the legal capacity of each party to marry is governed by the law of each party's domicile.
*the legal capacity of each party to marry is governed by the law of each party's domicile.


This means that people who live in British Columbia may be married elsewhere by a hairdresser holding a badger, for example, if the laws of that place allow hairdressers holding badgers to marry people (the ''formalities of marriage''). On the other hand, if two 10-year-olds who live in British Columbia are married outside of Canada by a priest or marriage commissioner, their marriage will be voidable (the ''capacity to marry''), regardless of the local validity of the marriage ceremony.
This means that people who live in British Columbia may be married elsewhere by a hairdresser holding a badger, for example, if the laws of that place allow hairdressers holding badgers to marry people (the ''formalities of marriage''). On the other hand, if two 10-year-olds who live in British Columbia are married outside of Canada by a priest or marriage commissioner, their marriage will be voidable (the ''capacity to marry''), regardless of the local validity of the marriage ceremony.