What happens if we break the laws about getting married?
There
are a number of penalties in the Marriage Act (Alberta)
if you fail to obey the law. However, there is also a way to remedy
the situation so that your marriage itself is not invalid. If you
make a false statement on your sworn application for a marriage
licence, you may be fined up to $500, and if you do not pay, you
might be sent to jail up to 30 days.
If a person issues a marriage licence or performs a marriage ceremony
contrary to the Act, he or she may face the same penalties. However,
it is important to know that there is a section that says that your
marriage will not be invalid just because the licensing person or
the person who performed the ceremony didn't follow the Act, and
a judge may order that the marriage is lawful. This means that if
the registry where you obtain your licence makes some sort of mistake
in the preparation of your application, your marriage won't be invalid.
Also, if you find out after the ceremony that your minister or marriage
commissioner didn't have the power to marry you, your marriage will
still be valid, although you may have to apply for a judge's order
that says so.
If
you or your spouse is under age, and you were married without having
the necessary consents from parents, your marriage will still be
valid if you had sex before marriage, if you have had sex since
the ceremony, or if you are living together as husband and wife.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
March 1996
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