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Since 1975, Australian law provides only for void marriages. Before 1975, there were both void and voidable marriages. Today, under the Family Law Act 1975 (Cth.) a decree of nullity can only be made if a marriage is void. [22] A marriage is void if: [23] [24] [25] one or both of the parties were already married at the time (i.e. bigamy)
Termination of marriage in Canada is covered by the federal Divorce Act. [29] A divorce may be granted for one of the following reasons: the marriage has irretrievably broken down, and the two parties have been living apart for a year (s.8(2)(a) of the Act) one party has committed adultery (s.8(2)(b)(i) of the Act)
The lack of any of these conditions makes a marriage invalid and constitutes legal grounds for a declaration of nullity. Accordingly, apart from the question of diriment impediments dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, defect of willingness, defect of capacity.
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 the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) [1] is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred.
In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867 . The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act .
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.
Common law system in the United states: the traditional common law system in the United States did not recognize "marital property." [ 8 ] Regardless of the length of marriage, each spouse retain ownership over property titled under that spouse's name and property acquired with that spouse's own earnings. [ 8 ]