click below
click below
Normal Size Small Size show me how
Ch 16: Marriage
Term | Definition |
---|---|
essential requirements | federal laws that determine whether a person may marry |
formal requirements | provincial and territorial laws regarding the marriage ceremony |
solemnization of marriage | the marriage ceremony |
void ab initio | a declaration that a marriage is null and void |
mental capacity | ones's ability to understand the nature of one's actions and to voluntarily enter into a contract |
consent | agree to enter a marriage willingly |
under duress | being forced into a marriage through fear |
mistake | confusion or error about the identity of the person someone id marrying or about the purpose of the ceremony |
consanguinity | relationship by blood |
affinity | relationship through marriage |
monogamy | being married to one person |
bigamy | being married to two people at the same time (a type of polygamy) |
annulment | declaration by the court that a marriage never existed |
marriage licence | a legal document authorizing two people to marry |
banns of marriage | a public declaration in a church announcing a couples intention to marry |
custom marriages | marriage ceremonies between aboriginal spouses that follow traditional practices |
common-law relationship | an intimate relationship between two individuals who are not legally married |
cohabitation | the legal description of two people involved in a common-law relationship |
domestic contract | a legal agreement that defines rights and obligations of married or cohabiting partners |
marriage contract | a domestic contract that deals with specific aspects of the marriage, including the division of property in the event of a divorce, separation, or death |
separation agreements | domestic contract that sets out the terms and conditions of the separation, dealing with issues such as support payments and division of property |
divorce | the legal termination of a marriage |
application for divorce | a document providing reasons for the divorce and arrangements for support payments and child custody |
applicant | the person seeking a divorce |
respondent | the spouse being sued for divorce |
certificate of divorce | a legal document that terminates a marriage |
adultery | sexual intercourse by a married person with someone other than his or her spouse |
marriage breakdown | grounds for divorce under the Divorce Act, 1985 |
cruelty | the mental or physical behaviour of one spouse causing harm to the other, making staying together intolerable |
collusion | and agreement between the spouses to lie or deceive the court in order to obtain a divorce |
polygamy | being married to more than one person at the same time |
cohabitation agreement | a domestic contract that sets out the rights and obligations of both partners |