Sentences with phrase «validity of the marriage»

The court considered the effect of this post-facto development on the legal validity of the marriage contract.

Following the early Middle Ages, the relevant laws of marriage — both sacred and secular — tended to minimize the role of parental approval as it related to the legal validity of marriage.

The case involved the following issues: validity of marriages overseas, the necessity of documentary evidence proving the existence of a marriage and the relevance of expert evidence.

Simonin v. Mallac may have stood, in the tradition of Compton v. Bearcroft — the case that established the validity of a Gretna Green marriage — for the proposition that the formal validity of a marriage is tested solely by the lex loci celebrationis.

Annulment differs from divorce, which recognizes the original validity of a marriage and dissolves that marriage.

M.D. v. A.C. (2017 ONSC 7722) offer to settle — costs — validity of the marriage contract — fix — amount Justice T. Engelking

They emphasize that the actual capacity to generate children is not necessary for a valid marriage; after all, opponents of same - sex marriage acknowledge the validity of the marriages of men and women known to be sterile and hence incapable of havingchildren.

Claim 3: «For 16 centuries, Christianity also defined the validity of a marriage on the basis of a couple's wishes.»

He seems to question the validity of marriages that, upon examination, appear to be only contracts established for financial reasons or social standing, maintaining a facade of propriety.

The CMA now establishes a process that allows Canadian courts to grant divorces to non-resident spouses who reside in states that do not recognize the validity of their marriage.

In the past, this requirement has been problematic for same - sex couples who either moved to or were habitually resident in a jurisdiction that did not recognize the validity of their marriage.

In this Ontario case dealing with the validity of a marriage contract between a husband and wife, the husband ask the court to strike it down for an unusual reason: At the time his wife signed it, she was cheating on him with another man and was possibly plotting to leave the marriage altogether.

Annulment is only appropriate when there are doubts about the validity of the marriage.

It was a remedy pursued by approximately one - twentieth of a person each year... In future, there is relief available under s 55 of the 1986 Act where the validity of a marriage ceremony is in issue.

The case had involved numerous issues to be determined, including the validity of the marriage contract, the status of the matrimonial home and a cottage, and what amount of spousal support and arrears the husband owed.

The court here ruled that the plaintiff impugning the validity of the marriage had met the burden of proof required and satisfied the court the marriage ought to be ruled invalid.

In that case, applicants, Kevin and Jennifer, sought a declaration of the validity of their marriage.

McCarthy said her clients» message was: «We can't get divorced in our own jurisdictions because they don't recognize the validity of our marriage.

There are rules which determine the validity of marriages which take place on, for example, merchant ships, and other exotic locations.

The validity of this marriage contract became an issue requiring the court's determination, since its purported effect was to foreclose the wife from pursuing the spousal support to which she would otherwise be eligible under Ontario law.

The validity of marriages is a complex area of law.

Examples of the types of cases she has worked on include questions of the validity of marriage; injunctions to prevent ongoing domestic violence; removal of children from the jurisdiction; and division of assets on divorce for high net worth individuals.

The traditional tests for the validity of a marriage in Canada (which adopted the rules established by the English courts in the nineteenth century) was that a marriage had to be valid (i) where it was performed, by the lex loci celebrationis, and (ii) by the law of the parties» ante-nuptial domicile, usually referred to as the question of «essential validity».

The problem with this response is that the couple may not realize that their marriage is invalid and when, many years later, the validity of the marriage matters, it may be too late for them to do much about it.

If, however, it is to be understood as saying that that law alone is now the test of the validity of a marriage, it was overruled by the decision of the House of Lords in Brook v. Brook.

For this reason, they will require a divorce from their marriage performed in Canada whether or not the laws of their respective domiciles recognize the validity of their marriage.

Of course the question would be more difficult if she were 16, 18 or 20; all that that observation proves is that there are easy and difficult questions — and why should we expect all questions to be easy, particularly questions as important as the validity of a marriage?

There is, however, a much more serious aspect to the argument that the lex loci celebrationis alone determines the validity of a marriage.

So people domiciled in Canada who marry here will have the validity of their marriage determined abroad by our rules.

Your parents» or your friends» divorce should carry no weight on the validity of your marriage.

Preliminary questions such as legal capacity and the validity of the marriage, and matters such as the effects of divorce or legal separation on property, name, parental responsibility, maintenance obligations or any other ancillary measures should be determined by the conflict - of - laws rules applicable in the participating Member State concerned.