Marr-06
|
|
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.
March 1996
see also:
Back