“Experts on romance say for a happy marriage, there has to be more than a passionate love. For a lasting union, they insist, there must be a genuine liking for each other. Which, in my book, is a good definition of friendship.” –Marilyn Monroe
They say marriage is a match made in heaven. Undoubtedly, it is as it makes the world of two people beautiful and cherishing for life. The more people fall in love, the more the world witnesses marriages.
Despite cruel lockdown and tough pandemic circumstances, more than 62.34 million people got married in 2020. According to Statista records, this number has increased from 40.2 million in 1960. That’s enough to let the world know the power of love and ceremonies like marriage.
No matter what corner of the world you live in, marriages come with a set protocol. One needs to register the marriage to make it legal and valid in the eye of law. The procedure may vary, but the whole idea remains the same. That’s where people understand the significance of marriage law.
The marriage law in Canada – Basics
Everyone marrying the love of their lives must abide by the marriage law. According to the Canada marriage law, an individual must be 18 years or older. Both individuals must be willingly agreeing to the marriage. The whole idea of marriage law in Canada revolves around age, consent, and capacity.
Here consent means that both individuals must enter the relationship like marriage willingly. One must not force the other one to get into this relationship. As far as the capacity is concerned, it means understanding and managing this union for a lifetime. The person must have a ‘sound’ mind to understand marriage depth and live in it.
The Marriage Law – Requirements
Every newly married couple needs to obtain a marriage license making the union legally valid in society. This requires obtaining a marriage license issued by the local authorities or civil court. Generally, this is handed over by a county clerk prior to the marriage ceremony.
The marriage license or certificate is valid for only 90 days in Canada. This is imperative that after applying for the marriage license, one can get married within the mentioned time duration. If the married couple does not get married within 90 days of obtaining the license, they may need to reapply and get the license signed again.
If the couple gets married in 90 days, the marriage license is supposed to be complete, signed, and handed over to the county’s clerk for documentation purposes. This process should be followed within 10 days of getting married.
Divorce in Canada
Divorce laws in Canada –
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If marriage is considered a surreal and imaginative beginning of new life, divorce is the harsh reality of this world. Whether in Canada or anywhere else in the world, divorces or legal separation are never a pleasant experience. But rather than ruining your life in a toxic relationship with no more love left, people tend to consider divorce as a valid solution. And for this, an individual must understand the ins and out of divorce law and how it works. The divorce law hinges on the length of county residency. Generally, there are two phases of divorce in Canada, including ‘irreparable breakdown of the marriage’ or ‘irreconcilable differences’.
Canada’s divorce law mentions several code sections, including – residency requirements, required fee structure, waiting period, grounds for divorce, and ‘No Fault’ grounds for divorce. All of them come with a set of protocol and documentation requirements.
Filing a divorce case in Canada is followed by some necessary requirements.
Grounds for divorce – Most divorces taking place in Canada are no-fault. Therefore, the party demanding divorce or legal separation need not mention a reason for the decision taken. Here, judges or the legal authority do not consider fault when segregating property and assets amid both the parties. Even if one party has practiced adultery or harmed the other individual in any manner, the judges do not consider mentioning this during the divorce rulings.
Eligibility for divorce – One must meet all the expectations and conditions of getting a divorce in court. Some common factors for eligibility are –
- One of the parties must be a permanent resident of Canada for six months or more.
- One must file the divorce in a specific country or state
- One of the parties must be living in Canada for up to three months
Besides this, the couple must meet the following criteria including –
- The couple must be married for at least five years or more.
- They must not own land or any building together. This may make the divorce case more complicated.
- Must have less than $41,000 of assets or property acquired during the marriage. This must exclude cars.
- Must have less than $6000 in debts accrued during the marriage. This should exclude car loans.
- The couple must not have born and adopted children before or during the marriage. Further, they must not be expecting a child. This can end up complicating the divorce case for both parties.
- Both parties must agree that neither spouse will seek spousal support in any manner.
- Must own less than $41000 of property and funds each. This includes the property obtained as a gift or through inheritance or acquired after the legal separation but not divorce. The detailed terms of this condition are mentioned under the prenuptial agreement. You can seek these details from a divorce or family lawyer in detail.
- The couple must have legal proof of their marriage.
The last word –
No matter marriage or divorce, one needs to have legal evidence for both conditions. Here, the legal processes may vary based on the circumstances, age, conditions, and geographical location of the event. One may need to seek legal assistance to carry out the legal proceedings and fulfill the document requirements. Be it marriage or divorce; both come under the marriage law. You need to hire a family attorney to carry forward the legal procedure of marriage or divorce.
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