Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
MARRIAGE.--Legislation concerning the formal requirements and
solemnizations of marriage is still within the exclusive authority of the
legislatures of the Provinces.
As to the impediments which arise from blood and marriage, the law
throughout the Dominion of Canada is in agreement with the law of England,
which is based upon the 18th chapter of the Book of Leviticus.
It is expressly provided by the act, 28 and 29 Vict. c. 64, that every law
made or to be made by the legislature of any British possession, "for the
purpose of establishing the validity of any marriage or marriages
contracted in such possession, shall have and be deemed to have had from
the date of the making of such law the same force and effect for the
purpose aforesaid within all parts of Her Majesty's dominions as such law
may have had or may hereafter have within the possession for which the
same was made. Provided that nothing in this law contained shall give any
effect or validity to any marriage unless at the time of such marriage
both of the parties thereto were, according to the law of England,
competent to contract the same."
VALIDITY OF FOREIGN DIVORCES.--When the validity of a foreign divorce is
considered by the Canadian courts the judges apply the strict rule of
refusing to recognize a decree of divorce pronounced by a court within
whose jurisdiction the parties had not a bona fide domicile.
The courts also hold that a marriage celebrated in Canada between persons
domiciled there is in its nature indissoluble except by death or by the
act or decree of the Dominion Parliament, or a Canadian court of competent
jurisdiction, and that no judgment of a foreign court dissolving such a
marriage will be recognized in Canada.
This rule invites, and has received, such severe criticism for its
injustice that it cannot long be maintained by such tribunals of learning
and integrity as the courts of Canada.
Suppose a Canadian man and woman domiciled in Toronto should intermarry
there, and afterwards acquire a joint domicile of twenty years' duration
in New York City. If, after that period, the wife should obtain in the
courts of the State of New York a divorce on the grounds of her husband's
adultery, and should remarry another man, upon her return to Canada it
would be manifestly unjust to treat the divorce and second marriage as
null and void.
Some of these days the Canadian courts will be called upon to consider the
legal effect of a divorce obtained upon statutory grounds in England in a
suit between two persons who were married in Canada and at the time of
such marriage were domiciled in that country. Perhaps then the rule we
have mentioned and criticised will be relaxed.
The Island and Colony of Newfoundland, although a British colony in North
America, is not yet incorporated as a part of the Dominion of Canada. It
has its own governor, legislature and judicial system entirely separate
from the Dominion and its own marriage and divorce law.
Public-domain text, read in full here on John Shaqi.
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