Marr-04
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What does "capacity to marry" mean?
To have the capacity to marry, you must have the physical, mental, and legal ability to marry. Physically, you must be able to consummate the marriage. Mentally, you must understand the nature of the ceremony. Legally, you must be 18 years or older and not already married. There are exceptions to the legal age limit. You may marry with your parents' consent if you are under 18 and over 16. Under some circumstances, parental consent may not be necessary if a judge says so. You may marry under the age of 16 if you get a letter from a medical doctor saying that you are the mother of a living child or you are pregnant.
There are some particular rules that apply to you if you have a mental handicap. One section of the Marriage Act (Alberta) says that no one shall issue a marriage licence or perform a marriage ceremony if he or she has reason to believe that you are the subject of a court order under the Incapacitated Persons Act, a guardianship or trustee order or a certificate of incapacity under the Dependent Adults Act. In that case, your guardian or trustee must be given 14 days notice of your application for a marriage licence, or a medical doctor must state in writing that you can understand what marriage is and the duties and responsibilities involved. Also, a marriage licence may not be issued or a marriage ceremony held if either the bride or groom is under the influence of alcohol or drugs.
March 1996
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