CAPACITY TO MARRY - WHICH STANDARD APPLIES?

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The development of the law with regard to standards for determining capacity has been of special interest of late to Cooper-Gordon LLP. Our firm is handling several interesting nullity cases with unique fact patterns supporting our position with regard to the capacity to enter into a marriage. Since marriage is considered to be a contract, the standard of capacity to enter into a marriage should ostensibly be high. However, the right to marry is also a constitutionally protected right not to be easily taken away. The amount of evidence required to prove the issue is unclear, especially after taking into consideration the individual’s guarantee of freedom of contract.

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