About Marriage Law in Calgary, Canada
In Alberta, the province in which Calgary resides, the marriage law is regulated under the Marriage Act. This statute provides guidelines concerning who can marry, the procedures for marriage, and legal implications following a marriage such as marital property and spousal support. Matrimonial ceremonies can be either religious or civil, and both have equal legal standing. It is important to note that Alberta recognizes both opposite-sex and same-sex marriages.
Why You May Need a Lawyer
While the process of getting married can be straightforward, scenarios may arise where legal help could be beneficial. Situations such as prenuptial agreements, legal separation, divorce, and issues related to child custody all require an understanding of Family Law and may necessitate a lawyer. Additionally, you may require legal services if your marriage affects your immigration status, tax situation, or estate planning. A lawyer can provide guidance and help ensure your rights and interests are well represented.
Local Laws Overview
Some key aspects of the Marriage Act in Alberta include a requirement for both individuals to be at least 18 years old to marry without parental consent. Furthermore, marriage between close relatives, including siblings, parents, and grandparents, is not permitted. Divorce and legal separation are regulated under the Divorce Act for married couples and require a one-year separation period before proceedings can begin. For couples living together but not married, a different set of laws apply, typically centered around residential property.
Frequently Asked Questions
1. Who can officiate a marriage in Calgary?
Marriages in Calgary can be officiated by a Marriage Commissioner licensed by the Province of Alberta or by a religious representative registered under the Marriage Act.
2. What are the requirements for a prenuptial agreement?
For a prenuptial agreement (also called a “pre-nup” or marriage contract) to be valid in Calgary, it must be written, signed by both parties and witnessed. It is independently advised that each party receives independent legal advice to ensure fairness.
3. How is property divided upon divorce?
In general, property acquired during the marriage is equally divided upon divorce. However, there are exceptions such as gifts, inheritances, and some types of personal injury settlements.
4. How do I change my name after marriage?
In Calgary, you can assume your spouse’s surname after marriage without a legal name change. For any other change, a legal name change through Service Alberta is necessary.
5. Can I remarry after divorcing?
Yes, once a court grants a divorce, both parties are free to remarry.
Additional Resources
The Alberta Courts website provides a wealth of information about marriage, divorce, child custody, and more. For help with mediation and conflict resolution, the Alberta Family Mediation Society is also a valuable resource. The Legal Education Society of Alberta provides numerous resources related to Family Law, including info sheets, guides, and seminars.
Next Steps
If you require legal assistance related to marriage in Calgary, consider consultation with a family lawyer to understand your options and legal implications. Make sure you have all relevant documents and information to provide the most accurate advice.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be
construed as legal advice. While we strive to present accurate and up-to-date information, we cannot
guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change
frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
professionals for specific advice tailored to your situation.
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