Imagine waking up one morning to discover that your spouse may not actually
be your spouse, as far as the law is concerned.
In what can only be described as "un-frikin-believable",
a
Peterborough
couple has come to learn that the wedding officiator they found on Kjiji was
not actually authorized to perform their marriage. To add insult to injury, they
realized this only after the would-be officiator completely botched their
ceremony (If you're looking for a good laugh, the wedding ceremony has been
captured on
video).
This strange set of circumstances raises an interesting question: Is a
marriage valid in Ontario
if it is not properly officiated? To the happy couple's good fortune, the
answer appears to be a qualified yes. In accordance with Section 31 of the Marriage Act:
Marriages solemnized in good faith
31. If the parties to a
marriage solemnized in good faith and intended to be in compliance with this
Act are not under a legal disqualification to contract such marriage and after
such solemnization have lived together and cohabited as a married couple, such marriage
shall be deemed a valid marriage, although the person who solemnized the
marriage was not authorized to solemnize marriage, and despite the absence of
or any irregularity or insufficiency in the publication of banns or the issue
of the licence. R.S.O. 1990, c. M.3, s. 31; 2005, c. 5,
s. 39 (5).
So what does this actually mean?
First and foremost, the parties must not be "under a legal
disqualification to contract such marriage". In other words, they must
meet the essential legal requirements
of marriage which include capacity, consent, age, monogamy, ability to
consummate marriage (yes that still exists!), and non-consanguinity (basically,
you can't marry your sibling or anyone else you are closely related to).
Other than that, so long as the parties show good faith and an intention to
be married in accordance with the laws of Ontario, their actual non-compliance may be
overlooked. So for example, if you fail to get a marriage license because you
genuinely believe you do not require one, the validity of your marriage may
still be upheld. If however, you deliberately fail to get a marriage license to
access a benefits program or deceive your unsuspecting partner, well now that's
another story.
It's important to note, a factor that is expressly considered by the Courts
is whether the parties represent themselves as a married couple. While this is
reflected in the requirement that they "live together and cohabited as a
married couple", the Courts do recognize that practicalities may require
spouses live separately.
Nonetheless, this couple's marital journey will now require a detour to Ontario Superior Court, where they must apply for an Order to formally validate their marriage. Only then will they emerge from matrimonial limbo in the eyes of the law.
So at the end of the day, all is not lost for the happy couple. While their wedding may have been a "train wreck" (to quote the groom
himself), they can rest assured that their marriage will be recognized in Ontario...well eventually.
- Simran Bakshi, Toronto
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