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Protection of the right to marry and found a family
This section has no associated Explanatory Memorandum
20.—(1) Every man and woman of a marriageable age has the right to marry and found a family in accordance with laws enacted by the Legislature.
(2) No person shall be compelled to marry without his or her free and full consent.
(3) Nothing in any law or done under its authority shall be held to contravene subsection (1) to the extent that it is reasonably justifiable in a democratic society—
(a)in the interests of public order, public morality or public health;
(b)for regulating, in the public interest, the procedures and modalities of marriage; or
(c)for protecting the rights and freedoms of other persons.
(4) Spouses shall be entitled to equal rights and subject to equal responsibilities—
(a)as between themselves, both during the marriage and, if the marriage is dissolved, at its dissolution; and
(b)as regards their children, where there are any, both during the marriage and, if the marriage is dissolved, at and after its dissolution;
but this equality of rights and responsibilities shall be subject to such arrangements or measures as may be agreed or as may be ordered by a court, in accordance with prescribed law, in the interests of the spouses and their children.
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