|
|
 |
 |
 |
Marriage
- (in Manitoba)
Getting
Married
Legal
marriage gives status to individuals as husband and wife,
resulting in certain rights and obligations. The law places
some restrictions on who can enter into a valid marriage.
There are also rules about how a valid marriage takes place.
Who
Cannot Legally Marry?
-
Closely related persons: A man may not marry his grandmother,
mother, granddaughter, daughter or sister. Similarly,
a woman may not marry her grandfather, father, grandson,
son, or brother.
-
Persons
of the same gender: The parties to the marriage must be
a man and woman.
-
Persons
certified as mentally disordered cannot marry unless a
psychiatrist certifies in writing that they are able to
understand the nature of marriage and its duties and responsibilities.
-
Persons
under 18 years of age (minors) cannot marry unless:
Where
the minor is over 16:
-
both
of the parents give their written consent, or
-
where
the parents are separated, the parent with whom the minor
is living gives written consent, or
-
a
judge gives written consent, or
-
where
a child-caring agency or the Director of Child and Family
Services is the child's guardian, the Director or a judge
gives written consent, or
-
where
one parent is dead, the other parent gives written consent,
or
-
where
both parents are dead, the child's guardian gives written
consent
-
Where
the minor is under 16:
-
only
if a judge gives written consent to the marriage.
Anyone
of any age who has been divorced, or whose spouse has died,
may remarry without the consent of any other person.
How
a Valid Marriage Takes Place
-
Marriage
licence
The
couple must first get a marriage licence, unless they
both regularly attend a place of worship and banns declaring
their intention to marry have been proclaimed during a
religious service. Marriage licences may be obtained from
authorized businesses throughout the province. In addition,
in Winnipeg, apply at Vital Statistics, at 254 Portage
Avenue. Outside Winnipeg, you can also apply at the nearest
office of either the Department of Health or Family Services.
The
couple must apply together for the marriage licence. It
must be obtained at least 24 hours before their wedding
unless the person performing the ceremony is persuaded
that the time period should be waived because of exceptional
circumstances. The wedding must take place within three
months after the licence was issued.
Ceremony
There
must be a ceremony, either religious or civil. A civil ceremony
is a non-religious rite and must be performed by a marriage
commissioner. Vital Statistics has a list of marriage commissioners
who are authorized by law to perform civil marriages in
Manitoba. A marriage ceremony, whether religious or civil,
may take place anywhere in Manitoba for example, in a church,
private home, park or hotel. At least two witnesses must
be present.
For
further details about the requirements that must be met
before entering into a marriage and the relationships that
prevent a legal marriage, contact:
Vital
Statistics Agency
254 Portage Avenue
Winnipeg MB
R3C 0B6
945-3727
Fax: 945-0424
Toll-free: 1-800-282-8069 (Ext. 3727)
"Common-Law
Marriages"
Some
people think that after a man and woman live together as
husband and wife for a certain number of years, they become
legally married, although they have never formally married.
This kind of relationship, often called a "common-law marriage,"
is not the same as a legal marriage. However, the law does
give unmarried partners, or "common-law spouses," in certain
circumstances, certain rights and responsibilities. See
Chapter 16, Unmarried
Relationships.
The
Rights and Duties of Married Spouses to Each Other While
Living Together
When
spouses separate, the law sets out their rights and duties
to each other, for example, how property is to be divided
and who is to pay support and how much. Chapters 8 and 9
explain these rights and duties.
Even
when spouses are still living together, they have certain
legal rights and responsibilities to one another. Some of
these are explained below.
Financial
Support
The
Family Maintenance Act of Manitoba states that both spouses
have a duty to financially support and maintain each other
while living together. This duty can be met by earning income
outside the home or by running the household. In both situations
the spouses equally contribute to the welfare of the family.
The right to financial support includes the right to receive
reasonable amounts for clothing and other personal expenses
on a regular basis, and the right to spend this money without
interference from the other spouse.
Financial
Information
The
Family Maintenance Act gives spouses the right to request
and receive financial information from each other while
they are living together. For example, a spouse is entitled
to information such as copies of income tax returns and
itemized statements of earnings, assets and liabilities.
If a spouse does not provide this information when requested,
the court can order the spouse to provide the information
and pay the other spouse a penalty of up to $5,000.
Property
-
Use
of Family Assets
The Marital Property Act of Manitoba says both spouses
have the same right to use and enjoy family assets. A
family asset is property that is owned by one or both
spouses and is used for family purposes such as shelter,
transportation or recreation. Examples of family assets
are the family home, household furniture and appliances,
family car, summer cottage, lawnmower and gardening tools.
However, one spouse does not have the right to use the
other's personal belongings (for example, clothing and
other items that are not usually used by both spouses).
The
Act does not prevent a spouse from selling or otherwise
dealing with a family asset that is owned by the spouse
alone, unless such actions would seriously threaten the
family's financial security or the asset involved is the
family home.
-
The Family Home
The
Homesteads Act gives special protection to the family
home, or homestead, which can be a house, a farmhouse
or a condominium. Where the homestead is owned by one
spouse alone, the other spouse must consent in writing
before the owner-spouse can sell, mortgage, rent for three
years or more, or otherwise dispose of it.
Where
the spouses live on a farm, the special protection applies
to not only the farm dwelling but also up to 320 acres
of land.
Where
both spouses are the registered owners of the family home,
both must agree in writing to any sale, mortgage, rental
or other transaction involving it. A spouse who has disposed
of the homestead without the other spouse's consent may
be liable to that spouse for damages. The defrauded spouse
may also be entitled to seek compensation from the Land
Titles Assurance Fund.
-
Accounting
and Equalization of Marital Property
The
Marital Property Act gives spouses the right to apply
at any time to the court for an accounting and equalization
of "marital property." This basically is property acquired
by one or both of the spouses while they are married and
living together. The court can order an accounting even
if the parties are living together.
-
Pensions
The
Pension Benefits Act of Manitoba applies to pension plans
sponsored by an employer for employees in Manitoba. Every
such pension plan must state that the pension benefits
payable to a married plan member will be in the form of
a joint pension. This type of pension provides the spouses
with a monthly pension guaranteed for the lives of both
of them.
If
a plan member, or his or her spouse, dies after the member
retires, the survivor is entitled to pension benefits of
at least two-thirds of the original amount. This provides
protection for surviving spouses, as they are guaranteed
a minimum pension income after the other spouse dies. Spouses
may give up this protection by completing and signing a
spousal waiver form.
Employers
must provide a yearly statement about the pension plan to
every plan member. In addition, spouses of plan members
are entitled to a copy of the statement if they request
it. For more information about The Pension Benefits Act,
contact:
Pension
Commission of Manitoba
1004 - 401 York Avenue
Winnipeg MB
R3C 0V8
945-2740
Fax: 948-2375
Toll-free: 1-800-282-8069
(Ext. 2740)
|
| |
|
|
|
