Search results
Results from the WOW.Com Content Network
voidable marriage: vices of consent, i.e. consent obtained under deception/by misrepresentation of one's personal characteristics, personal past, intentions after marriage, etc., where the deceived spouse discovers after the marriage the deceit (given a very broad interpretation by the courts); and failure to secure the authorization of the ...
A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never ...
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.
In 2001, there were 146,618 marriages in Canada, down 6.8% from 157,395 in 2000, [1] but by 2020, there were only 98,355 marriages registered in Canada, which was the lowest total since 1938. [2] Prince Edward Island had the highest crude marriage rate (6.5 per 1,000 people) and Quebec had the lowest (3.0).
The formal prerequisites of a valid marriage are set out marriage laws of each Canadian province and territory. [6] The parties must have a marriage license, be of proper age, or have parental consent. A marriage will generally be formally valid if it confirms to the laws of the province where the marriage is celebrated (lex loci celebrationis ...
Halpern v Canada (AG), [2003] O.J. No. 2268 is a June 10, 2003 decision of the Court of Appeal for Ontario in which the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated section 15 of the Canadian Charter of Rights and Freedoms.
The Parliament of Canada, a provincial legislature or a territorial legislature may declare that one of its laws or part of a law applies temporarily ("notwithstanding") countermanding sections of the Charter, thereby nullifying any judicial review by overriding the Charter protections for a limited period of time. This is done by including a ...
Part three defines special processes and their special regulations, the process for declaring the nullity of marriage, cases of separation of spouses, process for the dispensation from a marriage ratum sed non consummatum, the process in the presumed death of spouses, and cases for declaring the nullity of sacred ordination. This part also ...