The Legal Validity of Marriage

Video: The Difference Between Separation and Divorce in Ontario

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If a Marriage Wasn’t “Legal” Can a Court Still Grant a Divorce?

This was explored in a case called Azam v. Jan, in which a series of Alberta courts had to determine an interesting issue: can a court grant a divorce in a marriage that was never legally valid in the first place?
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Are Foreign Same Sex Couples Eligible for a Divorce in Canada?

One interesting case that took place in Ontario explores the question of whether, for the purposes of divorce, a same-sex union in another country can constitute a “marriage” in Canada.

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The Validity of Same-Sex Marriages and Divorce in Canada

In 2012, there was “controversy” over same-sex marriages, and specifically the issue of divorce for same-sex couples legally married in Canada. Media coverage included allegations that the government had done a “legal about-face” and a “reversal of federal policy” on the issue of same-sex unions. However, there was no “controversy” at all.

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A Spouse with a Fake Identity and an Uncertain Marriage in Florida – What does it Mean in Ontario?

This case took place in Ontario, and had extremely unusual facts. In order to resolve the couple’s issues on separation, the court had to first determine if they were legally married. A further twist was that the husband had been living under a fake identity, and it was uncertain if the couple had been married in Florida which could affect the legality of their union Ontario.

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Is a Religious Marriage Still Valid Without a License?

A couple was married in an Islamic religious ceremony in about 2002 or 2003. The ceremony was performed before a witness at the wife’s home. Unfortunately, they neglected to get a marriage license and did not register the marriage in Ontario. They were unaware of the legal requirements. They lived together as a married couple until 2010 when they decided to separate.

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If a Religious Wedding Has 1,000 Guests But No License, Is it Valid?

The central issue in this case was whether a religious marriage conducted in Ontario was valid, and whether the spouses were legally married and entitled to equalize property under provincial Family Law.

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150K Equalization Payment Dependent on Whether a Divorce Certificate Was Fake

In this matter, the main issue was whether the wife should pay almost $150,000 as an equalization payment to the husband. However, the husband’s entitlement to equalization was dependent on whether he was truly the wife’s “spouse,” which was contingent on whether his prior divorce to another woman in another country was real and legally valid.

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