05 February 2012

Little Known Family Law Facts #5

Section 123(1) of the Family Relations Act forbids court actions for jactitation of marriage. "Jactancy" is a vain boasting; "jactitation of marriage" is a false boasting of one's marriage to a person by which a popular belief may arise that the parties are in fact married.

Until the short-sighted enactment of s. 123, originally s. 4 of the 1972 Family Relations Act, someone who had been the victim of jactitation of marriage could sue the jactitator for damages under the common law.