Marriage Law in CANADA True or False

1. The power to make laws about essential requirements for marriage rests with the federal government. True or False?

2. In order to legally marry, both parties must have the mental capacity – or ability to understand – both the nature of the marriage contract and the responsibilities and duties involved in marriage. True or False?

3. Marriage in accordance with a religion whereby a woman’s husband is chosen by her family is valid under Canadian law, even if the bride does not want to marry her family’s choice. True or False?

4. If Janna marries Derrick, an accountant, who turns out to actually be Dominique, international spy, Janna is married to Dominique under Canadian law. True or False?

5. You can marry your cousin in Canada. True or False?

6. You can technically be married to more than one person at a time in Canada. True or False?

7. Your spouse was on Malaysian Airlines flight MH370 which vanished over the Indian Ocean in 2014. All 239 people on board are presumed dead. You are free to re-marry in Canada. True or False?

8. You received a “presumption of death” certificate and you re-marry 8. You received a “presumption of death” certificate and you re-marry. Miraculously, your spouse is found alive and re-enters your life. Your second marriage would be declared void. True or False?

9. Turns out, your new spouse is impotent 9. Turns out, your new spouse is impotent. You have grounds to have the marriage annulled (the marriage is void – like it had never existed). True or False?

10. The formal requirements for marriage are: 1. marriage licence, 2 10. The formal requirements for marriage are: 1. marriage licence, 2. two witnesses who are age of majority, 3. marriage conducted by someone authorized by law, 4. declaration that there is no impediment to wed, 5. a declaration that the couple is married. True or False?

11. Spouses who live “common law” – an intimate relationship between two people who are not legally married – have no obligation toward each other in terms of monetary support or assets if the relationship ends. True or False?

12. Prenups (prenuptial agreements) are not recognized in Canadian law. True or False?

13. Same-sex marriage has only been legally recognized in Canada since 2005. True or False?

14. If a couple lives separate and apart for one year, a divorce will be granted. No questions asked. True or False?

15. You can live “separate and apart” under the same roof. True or False?

16. Adultery and physical or mental cruelty are immediate grounds for divorce and no one-year waiting period is required. True or False?

17. Spouses can agree to lie about circumstances such as adultery in order to establish grounds for a divorce. True or False?

18. If one spouse commits adultery and the other spouse forgives and reconciles with him or her, that adultery cannot then be used as a ground for divorce later on. True or False?

19. If one spouse encourages the other to have an affair so that they can end their marriage, a court will grant a divorce on the ground of adultery. True or False?

20. As a lawyer, Mr. Sutton was authorized by the Province of New Brunswick to perform marriage ceremonies. True or False?

And now … the answers!

1. The power to make laws about essential requirements for marriage rests with the federal government. True or False?

True. Section 91(26) of the Constitution Act, 1867 grants jurisdiction over the requirements for a valid marriage to the federal government. This means the requirements are uniform across the country. The provinces and territories have some jurisdiction over the bureaucratic aspects of marriage like solemnization (the wedding ceremony).

2. In order to legally marry, both parties must have the mental capacity – or ability to understand – both the nature of the marriage contract and the responsibilities and duties involved in marriage. True or False?

True. If a person is not mentally capable due to illness, alcohol, or drugs, that person cannot legally marry. For the marriage to be valid, mental capacity must exist at the time the marriage takes place.

3. Marriage in accordance with a religion whereby a woman’s husband is chosen by her family is valid under Canadian law, even if the bride does not want to marry her family’s choice. True or False?

False. Couples entering marriage must do so of their own free will – they must consent willingly. Consent cannot be given under duress – being forced into marriage by fear.

4. If Janna marries Derrick, an accountant, who turns out to actually be Dominique, international spy, Janna is married to Dominique under Canadian law. True or False?

False. There can be no mistake as to the identity of the person being married. If Janna married Dominique thinking he was a millionaire and he wasn’t, she would still be married to him.

5. You can marry your cousin in Canada. True or False?

True. Rules of consanguinity prohibit close relatives from marrying each other. For a woman, this means she cannot marry her father, grandfather, son, brother, adopted brother, or grandson. For men, mother, grandmother, daughter, sister, adopted sister, or granddaughter.

6. You can technically be married to more than one person at a time in Canada. True or False?

False. Bigamy and polygamy are criminal offences in Canada punishable by up to five years in prison. If someone is guilty of bigamy, the second marriage is considered illegal and void.

7. Your spouse was on Malaysian Airlines flight MH370 which vanished over the Indian Ocean in 2014. All 239 people on board are presumed dead. You are free to re-marry in Canada. True or False?

False. There is a seven year waiting period before a court will entertain an application for a “presumption of death” certificate. Courts sometimes will allow the application without waiting seven years and likely would here. However, an application must still be made to have the spouse legally presumed dead.

8. You received a “presumption of death” certificate and you re-marry 8. You received a “presumption of death” certificate and you re-marry. Miraculously, your spouse is found alive and re-enters your life. Your second marriage would be declared void. True or False?

True. Since you were still married to your first spouse, that marriage survives the “presumption of death” certificate. The second marriage would be declared null and void.

9. Turns out, your new spouse is impotent 9. Turns out, your new spouse is impotent. You have grounds to have the marriage annulled (the marriage is void – like it had never existed). True or False?

True. Traditionally, the primary purpose of marriage was to have children. The ability to consummate the marriage, therefore, is an essential requirement. The inability to consummate can only lead to an annulment if it is because of some physical or psychology problem. Refusal to consummate is not grounds for annulment.

10. The formal requirements for marriage are: 1. marriage licence, 2 10. The formal requirements for marriage are: 1. marriage licence, 2. two witnesses who are age of majority, 3. marriage conducted by someone authorized by law, 4. declaration that there is no impediment to wed, 5. a declaration that the couple is married. True or False?

True. The one exception is custom marriages – aboriginal ceremonies that follow established cultural practices. Marriages by ceremonial custom have been recognized as valid Canadian marriages by courts.

11. Spouses who live “common law” – an intimate relationship between two people who are not legally married – have no obligation toward each other in terms of monetary support or assets if the relationship ends. True or False?

False. Social attitudes and practices have compelled provinces to pass legislation which makes common law couples spouses for the purpose of certain rights and obligations under federal and provincial law. If there are children, there could be support obligations; if there is property, it may be divided according to law.

12. Prenups (prenuptial agreements) are not recognized in Canadian law. True or False?

False. In Canada, prenups are called domestic contracts and marriage contracts. These agreements are drawn up between the parties and deal with conditions of the relationship and the division of property in the event of separation or divorce.

13. Same-sex marriage has only been legally recognized in Canada since 2005. True or False?

True. In 2005, Parliament passed the Civil Marriage Act granting same-sex couples all the rights and obligations of marriage. Before that, provinces extended many of the same rights to same-sex couples including adoption, pension benefits, spousal supports, and Workers Compensation benefits. The first country to recognize same-sex marriage rights was the Netherlands in 2000.

14. If a couple lives separate and apart for one year, a divorce will be granted. No questions asked. True or False?

True. The only grounds for divorce in Canada since the Divorce Act, 1985 is marriage breakdown. This is established if: 1. spouses have lived separate and apart for one year, 2. if one spouse commits adultery, OR 3. one spouse has been physically or mentally abusive.

15. You can live “separate and apart” under the same roof. True or False?

True. As long as there is very limited contact with each other, spouses can live “separate and apart” in the same house, according to court decisions.

16. Adultery and physical or mental cruelty are immediate grounds for divorce and no one-year waiting period is required. True or False?

True. Courts have ruled that chronic alcoholism, constant criticism, and mental disorders are among the actions that constitute mental cruelty. Physical cruelty or abuse may be established by the testimony of witnesses, medical or police reports, or photographs.

17. Spouses can agree to lie about circumstances such as adultery in order to establish grounds for a divorce. True or False?

False. If a court is deceived by deliberate lies to avoid the one-year separation period, there is fraud which is an absolute bar to divorce. This is called collusion.

18. If one spouse commits adultery and the other spouse forgives and reconciles with him or her, that adultery cannot then be used as a ground for divorce later on. True or False?

True. This is called condonation. A spouse cannot condone (forgive) the behavior that was grounds for a divorce and then complain about it later.

19. If one spouse encourages the other to have an affair so that they can end their marriage, a court will grant a divorce on the ground of adultery. True or False?

False. This is called connivance. If one spouse encourages the other to commit adultery in order to obtain a divorce, the court will consider this connivance and not grant a divorce.

20. As a lawyer, Mr. Sutton was authorized by the Province of New Brunswick to perform marriage ceremonies. True or False?

False. Lawyers aren’t automatically authorized to perform marriages in New Brunswick, although the process to become authorized is a relatively simple process for members of the Law Society.