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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 |