WHEN A WEDDING IS NOT A LEGAL MARRIAGE

In a recent decision by the Ontario Superior Court of Justice, the case of Anthony v. Oqunbiyi, 2023 ONSC 861 (CanLII) sheds light on the complexities surrounding the validity of marriages under Ontario law, particularly when religious ceremonies conflict with legal requirements.

The case revolves around the husband’s application seeking a declaration that he is not married to the wife. The couple participated in a religious wedding ceremony at a church in 2004. Despite the ceremony, the husband was legally married to another woman until August 2005. ?They separated 13 years later in 2017. They have two daughters who are 17 and 14 years old.

This discrepancy formed the crux of the legal dispute.

The wife argued that their participation in the ceremony, conducted in good faith and with the intention to comply with the Marriage Act, should validate their marriage under section 31 of Ontario’s Marriage Act which 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, such marriage shall be deemed a valid marriage, although the person who solemnized the marriage was not authorized to solemnize marriage, and despite the absence of or any irregularity or insufficiency in the publication of banns or the issue of the licence.

This section allows marriages solemnized in good faith, even without proper authorization, to be deemed valid if the spouses subsequently lived together and cohabited as married spouses.

However, the husband contended that the existence of his prior marriage disqualified him from entering into a valid marriage with the wife. He relied on precedents such as Giron v. Giron, where the court ruled that even marriages entered into in good faith could be void if one spouse was legally disqualified from marrying, such as being a minor or, in the husband’s case, already married.

The court emphasized that while the spouses may have sincerely believed they were entering into a valid marriage, the legal disqualification due to the husband's existing marriage rendered their ceremony legally ineffective. The court relied upon Giron v. Giron as precedent, highlighting that the existence of a legal impediment, such as the husband's prior marriage, voids any subsequent attempts at marriage until the disqualification is resolved.

The ruling in Anthony v. Oqunbiyi underscores the strict adherence of Ontario courts to statutory requirements for marriage. Despite the spouses’ good faith and subsequent cohabitation, the legal principle that a marriage cannot exist if one spouse is legally disqualified remained paramount. This decision clarifies that marriages solemnized without meeting all legal prerequisites, such as the dissolution of a prior marriage, cannot be validated retroactively under section 31 of the Marriage Act.

In conclusion, Anthony v. Oqunbiyi exemplifies the judiciary's commitment to upholding the integrity of marriage laws in Ontario. The court's decision not only declares the marriage void ab initio, but also determines that they are not spouses under Parts 1 and 2 the Family Law Act – which voids the wife’s rights to any interest in the matrimonial home or an equalization payment.

This case serves as a pivotal reminder that while religious ceremonies hold personal significance, adherence to legal requirements is indispensable to establish a valid marriage in the eyes of the law.

CASELINK: https://www.canlii.org/en/on/onsc/doc/2023/2023onsc861/2023onsc861.html?autocompleteStr=anthony%20861&autocompletePos=1&resultId=9b9801f0fb534707b163d992756774e1&searchId=2024-06-11T15:04:13:594/fc32ad9830654324be04501a53eef3f5

Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto.?He is a Certified?Specialist?in Family Law and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator, Arbitrator and Parenting Coordinator. As a?Divorce Mediator, Steve uses his 30 years of in-depth knowledge of family law,?court-room experience?and expert problem-solving skills in Divorce Mediation to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.?You can find his CV at https://benmor.com/wp-content/uploads/2023/12/Steve_CV_Nov23.pdf.?He can be reached at [email protected]