Marriage Annulments
Section 31 of the Marriage Act states:
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, the marriage shall be deemed valid. This is despite the fact that the person who solemnized the marriage was not authorized to do so, 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).
The case of Matthews v. Mutiso summarizes the four requirements necessary in order to fall under the legal regime of section 31.
- The marriage must have been solemnized in good faith;
- The marriage must have been, at least, intended to be in compliance with the Act;
- Both parties were legally qualified to contract into the marriage; and,
- Post solemnization, the parties must have lived together and cohabited as a married couple.
Interestingly, in Matthews v. Mitrow, Justice Mitrow did not delve into whether the couple had consummated the marriage at any point. Justice Mitrow found that although the two had been separated for quite some time and were not living together, coupled with the fact that the marriage was considered an “unlicensed solemnization” (the person performing the ceremony was unlicensed to do so), because the parties had lived together as a married couple, albeit for a short period, they now were legally married and were required to seek a divorce rather than an annulment.
To learn more about marriage annulments as well as the services provided by Krol & Krol, call 905.707.3370 today.
