Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
The jurisdiction of Newfoundland extends not only over the island by that
name, but also over the whole of the Atlantic coast of Labrador.
AGE REQUIREMENTS.--The legal age for marriage in British Columbia,
Manitoba, New Brunswick, Nova Scotia, Prince Edward Island, Quebec, the
Northwest Territories and Newfoundland is fourteen for a male and twelve
for a female. In Ontario both males and females must be at least fourteen
years of age.
PARENTAL CONSENT.--In British Columbia, Manitoba, Nova Scotia, Prince
Edward Island, Quebec, the Northwest Territories and Newfoundland parental
consent is necessary for both males and females under twenty-one years of
age.
In New Brunswick and Ontario parental consent is required for males and
females under eighteen years of age.
In British Columbia an appeal may be taken to the courts if consent is
refused by parent or guardian.
CELEBRATION.--Marriages may be solemnized by duly qualified clergymen of
every religious denomination, or by a judge, justice of the peace or other
magistrate.
Unless banns are published a license must be produced for each marriage,
and can only be obtained from the proper local authority upon affidavit or
declaration of one of the parties to the intended marriage, showing that
no legal impediment exists and that the proper consents have been
obtained.
The competency of a Protestant minister to marry two Roman Catholics in
the Province of Quebec was called in question by the leading case of
Delphit v. Coté, reported in the Quebec Reports, 20 S. C. 338. The
plaintiff, who had been baptized as a member of the Roman Catholic Church,
was married to the defendant, who, at the time at least, professed the
same belief, by a minister of a Protestant denomination, by virtue of a
license issued in due form. Subsequently an ecclesiastical court of the
Catholic Church declared the marriage null on the ground that two Roman
Catholics could only be married by a Roman Catholic priest. Upon appealing
to the civil court for an annulment of the marriage because of the
ecclesiastical decree, it was held that the ecclesiastical court was
entirely without jurisdiction and that the marriage was in all legal
respects good and binding.
MARRIAGES WITH INDIANS.--A Christian who marries an aboriginal native or
Indian cannot exercise in Canada the right of divorce or repudiation of
his wife at will, although following the usages of the tribe or "nation"
to which his Indian wife belongs such divorces and repudiations are
customary and regular.
ANNULMENT OF MARRIAGE.--In any of the Provinces, or in Newfoundland, the
courts may annul marriages on the ground of fraud, mistake, coercion,
duress or lunacy.
Public-domain text, read in full here on John Shaqi.
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