Civil Marriage Act

Version of section 5 from 2013-06-26 to 2015-06-17:


Marginal note:Marriage of non-resident persons

  •  (1) A marriage that is performed in Canada and that would be valid in Canada if the spouses were domiciled in Canada is valid for the purposes of Canadian law even though either or both of the spouses do not, at the time of the marriage, have the capacity to enter into it under the law of their respective state of domicile.

  • Marginal note:Retroactivity

    (2) Subsection (1) applies retroactively to a marriage that would have been valid under the law that was applicable in the province where the marriage was performed but for the lack of capacity of either or both of the spouses to enter into it under the law of their respective state of domicile.

  • Marginal note:Order dissolving marriage

    (3) Any court order, made in Canada or elsewhere before the coming into force of this subsection, that declares the marriage to be null and void or that grants a divorce to the spouses dissolves the marriage, for the purposes of Canadian law, as of the day on which the order takes effect.

  • 2005, c. 33, s. 5
  • 2013, c. 30, s. 3
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