Alternatives to Divorce (3:VII) - Revision history

LSLAP at 16:48, 10 November 2025

2025-11-10T16:48:52Z

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LSLAP at 16:30, 10 November 2025

2025-11-10T16:30:22Z

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	A marriage is void ''ab initio'' if:		A marriage is void ''ab initio'' if:

	~~:a)~~ Either of the parties was, at the time of the marriage, still married to another party;		#Either of the parties was, at the time of the marriage, still married to another party;
	~~:b)~~ One of the parties did not consent to the marriage;		#One of the parties did not consent to the marriage;
	~~:c)~~ The parties are related within the bonds of consanguinity (descent from a common ancestor); or		#The parties are related within the bonds of consanguinity (descent from a common ancestor); or
	~~:d)~~ The formal requirements imposed by provincial statute (such as the ''BC Marriage Act'') are not fulfilled.		#The formal requirements imposed by provincial statute (such as the ''BC Marriage Act'') are not fulfilled.

	Misrepresentation is a ground for annulment only where the misrepresentation leads to a mistake about the identity of the other party or as to the nature of the marriage ceremony.		Misrepresentation is a ground for annulment only where the misrepresentation leads to a mistake about the identity of the other party or as to the nature of the marriage ceremony.
	A voidable marriage is valid until one of the parties to it obtains a declaration of nullity. The declaration must be obtained during the parties’ joint lives and is not available if the parties are already divorced. In Canada, a marriage may be voidable in the following circumstances:		A voidable marriage is valid until one of the parties to it obtains a declaration of nullity. The declaration must be obtained during the parties’ joint lives and is not available if the parties are already divorced. In Canada, a marriage may be voidable in the following circumstances:

	~~:a)~~ Either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable: see ''[https://canlii.ca/t/54b4 Juretic v Ruiz]'', 1999 BCCA 417); or		#Either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable: see ''[https://canlii.ca/t/54b4 Juretic v Ruiz]'', 1999 BCCA 417); or
	~~:b)~~ A party is under 14 years of age.		#A party is under 14 years of age.

	These are common law rules.		These are common law rules.

	'''NOTE''': If a marriage is found to be void, this does not affect the property claims that a party might have. Pursuant to s. 21 of the ''FLA'', the matrimonial regime still applies in this situation.		'''NOTE''': If a marriage is found to be void, this does not affect the property claims that a party might have. Pursuant to s 21 of the ''FLA'', the matrimonial regime still applies in this situation.

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LSLAP at 23:16, 9 November 2025

2025-11-09T23:16:17Z

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	'''NOTE''': If a marriage is found to be void, this does not affect the property claims that a party might have. Pursuant to s. 21 of the ''FLA'', the matrimonial regime still applies in this situation.		'''NOTE''': If a marriage is found to be void, this does not affect the property claims that a party might have. Pursuant to s. 21 of the ''FLA'', the matrimonial regime still applies in this situation.

	~~== B. Judicial Separation ==~~

	The Court can no longer grant a judicial separation. Judicial separation was formerly used to sever the legal obligations and liabilities between a married couple without terminating the marriage, when a spouse’s religion forbade divorce.

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LSLAP: /* A. Annulment */

2025-11-09T23:13:39Z

A. Annulment

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	*Void marriages, which are null and void ''ab initio'' (from the outset); and		*Void marriages, which are null and void ''ab initio'' (from the outset); and

	*Voidable marriages, which are valid until a court of competent jurisdiction grants a declaration of nullity (although such a declaration has the effect of invalidating the marriage from its beginning).		*Voidable marriages, which are valid until a court of competent jurisdiction grants a declaration of nullity (although such a declaration has the effect of invalidating the marriage from its beginning).

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	:a) Either of the parties was, at the time of the marriage, still married to another party;		:a) Either of the parties was, at the time of the marriage, still married to another party;

	:b) One of the parties did not consent to the marriage;		:b) One of the parties did not consent to the marriage;

	:c) The parties are related within the bonds of consanguinity (descent from a common ancestor); or		:c) The parties are related within the bonds of consanguinity (descent from a common ancestor); or

	:d) The formal requirements imposed by provincial statute (such as the ''BC Marriage Act'') are not fulfilled.		:d) The formal requirements imposed by provincial statute (such as the ''BC Marriage Act'') are not fulfilled.

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	:a) Either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable: see ''[https://canlii.ca/t/54b4 Juretic v Ruiz]'', 1999 BCCA 417); or		:a) Either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable: see ''[https://canlii.ca/t/54b4 Juretic v Ruiz]'', 1999 BCCA 417); or

	:b) A party is under 14 years of age.		:b) A party is under 14 years of age.

LSLAP: /* A. Annulment */

2025-11-09T23:11:44Z

A. Annulment

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	An annulment differs conceptually from a divorce because a divorce terminates a legal status, whereas an annulment is a declaration that the parties’ marital status never properly existed. A declaration of nullity may be obtained for two types of marriages:		An annulment differs conceptually from a divorce because a divorce terminates a legal status, whereas an annulment is a declaration that the parties’ marital status never properly existed. A declaration of nullity may be obtained for two types of marriages:

	*Void marriages, which are null and void ''ab initio'' (from the outset); and		*Void marriages, which are null and void ''ab initio'' (from the outset); and
	*Voidable marriages, which are valid until a court of competent jurisdiction grants a declaration of nullity (although such a declaration has the effect of invalidating the marriage from its beginning).

	~~The difference between~~ a ~~void and voidable marriage is less important in matrimonial proceedings in British Columbia than it was when~~ the ~~''FRA'' was in~~ effect ~~(see s 95(2) and part 5~~). ~~The~~ ''~~FLA~~'' ~~ss 21-22 also do not make any distinction. For purposes other than~~ the ~~''FLA''~~, the ~~distinction may~~ still ~~be relevant.~~		*Voidable marriages, which are valid until a court of competent jurisdiction grants a declaration of nullity (although such a declaration has the effect of invalidating the marriage from its beginning).

			A marriage is void ''ab initio'' if:

			:a) Either of the parties was, at the time of the marriage, still married to another party;

			:b) One of the parties did not consent to the marriage;

	~~A marriage is void ''ab initio'' if~~:		:c) The parties are related within the bonds of consanguinity (descent from a common ancestor); or
	*Either of the parties was, at the time of the marriage, still married to another party;
	*One of the parties did not consent to the marriage;		:d) The formal requirements imposed by provincial statute (such as the ''BC Marriage Act'') are not fulfilled.
	*The parties are related within the bonds of consanguinity (descent from a common ancestor); or
	*The formal requirements imposed by provincial statute (such as the ''BC Marriage Act'') are not fulfilled.

	Misrepresentation is a ground for annulment only where the misrepresentation leads to a mistake about the identity of the other party or as to the nature of the marriage ceremony.		Misrepresentation is a ground for annulment only where the misrepresentation leads to a mistake about the identity of the other party or as to the nature of the marriage ceremony.
			A voidable marriage is valid until one of the parties to it obtains a declaration of nullity. The declaration must be obtained during the parties’ joint lives and is not available if the parties are already divorced. In Canada, a marriage may be voidable in the following circumstances:

			:a) Either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable: see ''[https://canlii.ca/t/54b4 Juretic v Ruiz]'', 1999 BCCA 417); or

	A voidable marriage is valid until one of the parties to it obtains a declaration of nullity. The declaration must be obtained during the parties’ joint lives, and is not available if the parties are already divorced. In Canada, a marriage may be voidable in the following circumstances:		:b) A party is under 14 years of age.
	*Either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable) ~~see [http://canlii.ca/t/54b4 ''Juretic v Ruiz'', 1999 BCCA 417]); or~~
	*A party is under 14 years of age.

	These are common law rules.		These are common law rules.

	:'''NOTE:''' If a marriage is found to be void, this does not affect the property claims that a party might have. Pursuant to s 21 of the ''FLA'', the matrimonial regime still applies in this situation.		'''NOTE''': If a marriage is found to be void, this does not affect the property claims that a party might have. Pursuant to s. 21 of the ''FLA'', the matrimonial regime still applies in this situation.

	== B. Judicial Separation ==		== B. Judicial Separation ==

LSLAP at 00:38, 3 September 2024

2024-09-03T00:38:26Z

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LSLAP at 19:46, 30 August 2024

2024-08-30T19:46:10Z

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LSLAP at 05:19, 24 August 2023

2023-08-24T05:19:13Z

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LSLAP at 05:17, 24 August 2023

2023-08-24T05:17:15Z

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	A voidable marriage is valid until one of the parties to it obtains a declaration of nullity. The declaration must be obtained during the parties’ joint lives, and is not available if the parties are already divorced. In Canada, a marriage may be voidable in the following circumstances:		A voidable marriage is valid until one of the parties to it obtains a declaration of nullity. The declaration must be obtained during the parties’ joint lives, and is not available if the parties are already divorced. In Canada, a marriage may be voidable in the following circumstances:
	*Either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable (see [http://canlii.ca/t/54b4 ''Juretic v Ruiz'', 1999 BCCA 417]); or		*Either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable) see [http://canlii.ca/t/54b4 ''Juretic v Ruiz'', 1999 BCCA 417]); or
	*A party is under 14 years of age.		*A party is under 14 years of age.

LSLAP at 19:43, 10 August 2022

2022-08-10T19:43:08Z

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