Capacity
To have the capacity to marry, you must
have the mental and legal ability to marry.
No one who lacks mental capacity by
reason of illness, drugs or alcohol can
legally marry. At the time of the marriage,
both parties must have the ability to
understand not only the nature of the
ceremony, but also the duties and
responsibilities created by the marriage. If
mental capacity exists at the time of the
marriage, but ceases to exist afterward,
the marriage remains valid.
Minimum Age
A valid marriage also requires the parties
to be old enough to marry. In Canada, the
federal government has not established
any minimum age for marriage but has
adopted the minimum ages under English
common law: 14 years for males, 12 years
for females. However, all the provinces
and territories have legislation requiring a
higher minimum age. In Ontario, the
minimum age is 18 years, or 16 with
parental consent.
“Of course I do!”
Genuine Consent
Since marriage is a contract, the parties
must consent to it freely. If either party is
forced or tricked into getting married, the
marriage may be declared void. Whether
the marriage ceremony is religious or civil,
performed before a member of the clergy
or a judge, the bride and groom and all
those present will be asked if any reason
exists to prevent the marriage. Usually
nothing is said (except in the movies). If
either spouse then says after
the
ceremony that consent was not freely
given, the evidence must be very strong
for the marriage to be annulled.
Close Relationships
A marriage between two people who are
too closely related either by consanguinity
(blood), by adoption, or by affinity
(marriage) is not valid. In 1990, Canadian
Parliament enacted
the Marriage
(Prohibited Degrees) Act, which came into
force in 1991. It lists persons who may not
marry because they are to closely related
by blood or adoption.
Essential Requirements of Marriage
Formal requirements of marriage are just that – formalities. These are the
requirements to do such things as get a licence, be