Family Law

The Requirements of a Legal Marriage

The Requirements of a Legal Marriage

Minimum Age In Alberta, you must be 18 to marry without permission of a parent or guardian and 16 to marry with permission. A female under 16 can marry with parent/guardian consent or with a court order if she is pregnant or has a child.
Genuine Consent Both parties must genuinely want and intend to marry. There must be no duress or trickery, and there must be no mistake as to what is going on.
Permissible Relationships People getting married cannot be closely related by consanguinity (until recently affinity could also affect the legality of a marriage). The reading you will be doing shortly will explain this more fully.
Freedom to Marry Both parties must be legally free to marry. In other words, they must be either; single, widowed, or divorced.
Sexual Capacity At the time of marriage, both parties must have the capacity to form a sexual relationship.
Mental Capacity At the time of marriage, both parties must be able to understand the nature of the ceremony and the duties that marriage involves.
Solemnization According to Alberta's Marriage Act, a couple planning to marry must obtain a marriage license. As well, they have to go through a legal ceremony carried out by someone with the legal authority to marry people. The ceremony must be witnessed by at least two people.