Introduction: A valid marriage in Ontario requires both parties to have the legal capacity to marry, meaning they must be at least 18 years old (or 16-17 with parental consent), not currently married, and not closely related by blood or adoption. Both individuals must freely and voluntarily consent to the marriage, with a full understanding of its nature. A valid marriage license or publication of banns is required, and the ceremony must be conducted by an authorized officiant in the presence of at least two witnesses. The officiant must also register the marriage with the Office of the Registrar General to make it legally valid.
Marriage Act contains the provisions relevant to the formal validity of a marriage in Ontario, which are summarized as follows:
- Authority to Solemnize Marriage:
- A marriage requires a valid license (s. 4).
- Only authorized individuals may solemnize marriages (s. 20).
- The officiant’s name must be registered with the Minister (s. 21).
- Ceremony Requirements (s. 24(3)):
- Each party must declare their willingness and absence of impediments.
- Mandatory pronouncements must be made by the officiant.
- Witnesses (s. 25):
- The marriage must be solemnized in the presence of both parties and at least two witnesses.
- Record Keeping (s. 28):
- Details of the marriage must be entered in an official register and authenticated.
The Civil Marriage Act establishes the requirements of the essential validity of marriage including:
Consent Requirement (s. 2.1):
Marriage requires the free and enlightened consent of two persons to be the spouse of each other.
Legal Analysis
- Definition of Annulment:
- As per Black’s Law Dictionary, an annulment is a judicial or ecclesiastical declaration that a marriage is void. An annulment establishes that the marital status never existed. So annulment and dissolution of marriage (or divorce) are fundamentally different: an annulment renders a marriage void from the beginning, while dissolution of marriage terminates the marriage as of the date of the judgment of dissolution.
- Validity of Marriage:
- Formal Validity: If the marriage fails to meet legal requirements for solemnization and witness presence, rendering it non-compliant with statutory standards, it may not be considered a valid marriage.
- Essential Validity: If a spouse doesn’t provide free consent to the marriage due to duress and familial pressures, violating the fundamental requirement of enlightened consent, it doesn’t meet essential validity.
- Court Jurisdiction:
- The Superior Court of Justice in Ontario has the authority to grant annulments under the Annulment of Marriages Act (Ontario), applying English law principles.
In the upcoming Blog, I shall discuss the annulment of marriage.
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