What is the test for "good faith" in marriage law?

This notion of good faith originates in the law of contract and is consistent with the contractual roots of marriage law (see Hyde v. Hyde (1866), L.R. 1 P.D. 130 at p. 133). In the end, good faith relates to dealings between the parties, not to the relationship of either party to the state. While the knowledge of the laws and intent to comply with them is relevant evidence concerning whether or not a party intends the marriage to be genuine (in the sense of it being a voluntary union for life to the exclusion of all others), the ultimate question is the agreement reached by the parties, not the sanction by the state. Thus, one need not read into the notion of good faith a requirement to comply with the laws of the state. The requirement of good faith goes to ensuring that the parties are not acting for collateral purposes having nothing to do with the primary intention of creating a permanent union to the exclusion of all others. In that sense, the good faith requirement still has relevance by ensuring that those whose intentions to create a marriage-like relationship are genuine will be protected even if they do not strictly comply with the formalities of marriage. C. “Void”