September 29, 2023


Parenting News

Spouse Finds Out Marriage was Invalid; Husband Knew All Alongside

3 min read

The information in Anthony v. Oqunbiyi had been somewhat uncommon:  A former couple had been in dispute over a number of issues, starting with the important thing query of whether or not they had been really married to one another. 

The lady stated they’d had a spiritual wedding ceremony at their church in 2004. This was whereas the lady was pregnant they usually had been dwelling collectively.

The person conceded that the ceremony passed off. However he stated the 2004 marriage was not legitimate, since he was nonetheless married to another person at the moment.  His divorce didn’t happen till a 12 months later, in 2005. Within the man’s view, this meant the lady was legally not his “partner”, and the house they shared was not a “matrimonial residence” topic to Household Legislation Act (FLA) equalization. He requested the courtroom to make a declaration accordingly, and to order the lady should vacate his residence as a result of she was trespassing.

Desperate to protect her rights underneath the FLA, the lady defined she merely didn’t know the legal guidelines in Ontario relating to marriage, since she had arrived in Canada from Nigeria. She had married the person “in good religion”, consistent with the provincial Marriage Act.  That laws deemed such marriages to be legitimate in some instances.  

However this wasn’t one among them, the courtroom stated.  

The issue was that the “good religion” marriage provisions underneath the Marriage Act merely didn’t apply if one of many events was legally disqualified from getting married within the first place – for instance by nonetheless being wed to another person. Because the courtroom defined:

On this matter, whereas each the [man] and [woman] might have supposed the ceremony to be a wedding ceremony, which I observe that the [man] particularly denies, and whereas they lived collectively as frequent regulation spouses for a lot of years, the wedding was void [from the outset] because the [man] couldn’t enter into a wedding whereas married to a different partner. 

I subsequently declare that the events should not married. 

With that preliminary ruling in place, the lady’s spousal and possessory rights to the house evaporated.  Title was within the man’s identify, so authorized possession was clear.

This left the courtroom to resolve whether or not she may need different common-law rights, for instance arising from a constructive belief.  However because the girl didn’t make these sorts of claims in her pleadings (considering all alongside she was a partner), the courtroom invited her to use so as to add them. 

As for declaring her a trespasser who should vacate the person’s residence: The courtroom was unprepared to make that ruling.  She had proof that she had contributed to the house’s repairs, which could assist a constructive belief declare.  Relying on whose proof might be trusted, the lady had been dwelling within the man’s property since at the least 2017, and possibly earlier.  To this, the courtroom stated:

For my part, there was some acquiescence to the [woman’s] presence which appears at odds with a declare she is trespassing, notably if she has been contributing to some extent to the carrying prices of the property.  

She had lawful justification to stay within the property, the courtroom stated, and there was nonetheless many different hotly-contested points between them, even together with their date of separation (they had been 10 years aside on that one). Offered the lady added a constructive belief declare to her pleadings, she might keep within the residence till trial, when all remaining points can be resolved. 

Full textual content of the choice:

Anthony v. Oqunbiyi, 2023 ONSC 861 (CanLII)

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