What is the test for a marriage to be valid for purposes of divorce and property considerations?
Ontario, Canada
The following excerpt is from Aden v. Mohamud, 2019 ONSC 6493 (CanLII):
In the case of Isse v. Said, 2012 ONSC 1829, the court thoroughly canvassed the issue of the validity of a marriage for the purposes of divorce and property considerations. At paragraph 16, Justice Broad analysed Section 31 of the Marriage Act to include the following four necessary elements: 1. The marriage must have been solemnized in good faith; 2. The marriage must have been intended to be in compliance with the Marriage Act; 3. Neither party was under a legal disqualification to contract marriage; and, 4. The parties must have lived together and cohabited as a married couple after solemnization.
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