What
laws must we follow to get married?
In
Canada, both the federal government and the provinces have some
power over marriage. The federal government has two federal acts
dealing with marriage, specifically the Marriage (Prohibited
Degrees) Act and the Marriage for Civil Purposes Act.
Both acts are quite short.
The
Marriage
(Prohibited Degrees) Act lists persons, such as brothers
and sisters, who may not marry because they are too closely related
by blood or adoption. The Marriage
for Civil Purposes Act recognizes marriage between persons
of the same sex in that it defines marriage as the union of two
people to the exclusion of all others. The act goes on to protect
the rights of religious officials to decline to perform a marriage
ceremony that is not in accordance with their religious beliefs.
In addition, the act states specifically that same-sex spouses cannot
be deprived of any benefit or subjected to any obligation or punishment
by law solely because they have chosen to exercise their freedom
to marry.
Except
for these federal laws, the provinces make the laws concerning marriage.
In Alberta, this law is called the Marriage
Act. This Act deals with a number of things necessary for
legal marriages:
- capacity
to marry,
- the rules
that must be followed,
- the people
who may perform marriage, and
- the penalties
for failure to follow the law.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
October
2006 |