What constitutes a formal marriage?

British Columbia, Canada


The following excerpt is from Takacs v. Gallo, 1998 CanLII 6429 (BC CA):

What constitutes a formal marriage is equally open to debate. For Douglas J. in Grizwold v. Connecticut, 381 U.S. 479 (1965): Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions. Mr. Justice Gonthier quoted these words in his reasons in Miron v. Trudel in support of his view that marriage rests on a contractual basis to which the law attaches certain rights and obligations, as he explained at 450: The decision to marry includes the acceptance of various legal consequences incident to the institution of marriage, including the obligation of mutual support between spouses and the support and raising of children of the marriage.

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