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

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#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.


Invalid foreign marriages may be considered, in exceptional circumstances, to be valid in Canada. A marriage occurring in a place where it is impossible for some reason to comply with the local law governing marriage, because of civil war or religious discrimination, for example, might well be found to be valid in British Columbia.
Invalid foreign marriages may be considered, in exceptional circumstances, to be valid in Canada. A marriage occurring in a place where it is impossible for some reason to comply with the local law governing marriage, because of civil war or religious discrimination, for example, might well be found to be valid in British Columbia.
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