“For a marriage to be valid there are two elements that must exist:
(a) “formal validity” relating to the procedure and rules in the place where the parties were married; and,
(b) “essential validity” relating to the capacity of the parties as determined by the laws where they were domiciled before marriage.
The latter element is related to the “good faith” provision of s. 31 of the Marriage Act which can save the formal validity of a marriage if the following four elements apply:
(a) The marriage must have been solemnized in good faith;
(b) The marriage must have been intended to be in compliance with the Marriage Act;
(c) Neither party was under a legal disqualification to contract marriage; and,
(d) The parties must have lived together and cohabited as a married couple after solemnization.”