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Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.
The three Maritime provinces relied on their own pre-Confederation divorce laws which continued in force after 1867. In the four western provinces, the English "Matrimonial Causes Act" of 1857 applied, through the doctrine of reception of English statute law. Under that act, a husband could get a divorce on the grounds of his wife's adultery.
The Matrimonial Causes Act 1973; The Matrimonial Causes Acts 1857 to 1878 was the collective title of the following Acts: [1] The Matrimonial Causes Act 1857 (20 & 21 Vict. c. 85) The Matrimonial Causes Act 1858 (21 & 22 Vict. c. 108) The Matrimonial Causes Act 1859 (22 & 23 Vict. c. 61) The Matrimonial Causes Act 1860 (23 & 24 Vict. c. 144)
The courts powers derive in large part from the Matrimonial Causes Act 1973, and in particular section 25(2) which sets out the statutory checklist of factors that should be taken into account. The court can order lump sum payments, property adjustment orders (e.g. requiring a property is transferred into the ownership of a husband or wife ...
In Hong Kong, and in England and Wales, section 1(5) of the Matrimonial Causes Act 1973 [3] provides that "Every decree of divorce shall in the first instance be a decree nisi and shall not be made absolute before the expiration of six months from its grant", and section 9(1) allows any person (including the King's Proctor), before the decree ...
Section 13 of the Matrimonial Causes Act 1973 provides for certain restrictions in regard to the possibility of annulling voidable marriages, including where the petitioner knew of the "defect" and of the possibility of annulment, but induced the respondent to believe that the petitioner would not seek an annulment; or where it would be "unjust ...
However, a marriage of a person under 16 is void under the Matrimonial Causes Act 1973. [125] The United Nations Population Fund stated the following: [86] In 2010, 158 countries reported that 18 years was the minimum legal age for marriage for women without parental consent or approval by a pertinent authority.