Requirements for Divorce and Annulment - Revision history

Elena Renderos: /* With more information */

2021-05-13T03:42:31Z

With more information

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	* [https://family.legalaid.bc.ca/separation-divorce/getting-a-divorce/do-your-own-uncontested-divorce Visit website]		* [https://family.legalaid.bc.ca/separation-divorce/getting-a-divorce/do-your-own-uncontested-divorce Visit website]

	The BC government has a free step-by-step online tool, the '''Online Divorce Assistant''', to help couples without children apply for a divorce together.		The BC government has a free step-by-step online tool, the '''Online Divorce Assistant''', to help couples with or without children apply for a divorce together.

	* [https://justice.gov.bc.ca/divorce Visit website]		* [https://justice.gov.bc.ca/divorce Visit website]

Elena Renderos: /* Divorce ends a valid marriage */

2021-05-13T03:41:21Z

Divorce ends a valid marriage

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	Canada’s divorce law is called the [http://canlii.ca/t/7vbw ''Divorce Act'']. Under it, a court order for '''divorce''' ends a valid marriage. Only '''married spouses''' can get a divorce. Unmarried spouses can’t, and don’t need to.		Canada’s divorce law is called the [http://canlii.ca/t/7vbw ''Divorce Act'']. Under it, a court order for '''divorce''' ends a valid marriage. Only '''married spouses''' can get a divorce. Unmarried spouses can’t, and don’t need to.

	Some religions allow for religious or ritual divorces. These divorces don’t legally end a marriage. Under Canadian law, you and your spouse are married until a court makes a divorce order.		Some religions allow for religious or ritual divorces. These divorces ''don’t'' legally end a marriage. Under Canadian law, you and your spouse are married until a court makes a divorce order.

	To remarry, a married spouse first needs to get a divorce.		To remarry, a married spouse first needs to get a divorce.

Elena Renderos: /* Effect of annulment */

2021-04-30T17:52:36Z

Effect of annulment

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	If the court annuls a marriage, it’s as if the marriage never happened.		If the court annuls a marriage, it’s as if the marriage never happened.

	Even if a marriage is annulled, spouses can still make claims against each other about the parenting of children, the payment of support, and the division of property and debt under the BC provincial Family Law ~~Act~~.		Even if a marriage is annulled, spouses can still make claims against each other about the parenting of children, the payment of support, and the division of property and debt under the BC provincial ''Family Law Ac''t.

	====Foreign marriages====		====Foreign marriages====

Elena Renderos: /* Who can help */

2021-04-27T02:01:11Z

Who can help

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	* [https://wiki.clicklaw.bc.ca/index.php?title=Divorce Visit website]		* [https://wiki.clicklaw.bc.ca/index.php?title=Divorce Visit website]

			===Free and low-cost legal help===
			Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help\|See our information on free and low-cost legal help]].

	{{Dial-A-Law_Navbox\|type=families}}		{{Dial-A-Law_Navbox\|type=families}}
	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

Elena Renderos: /* Get help */

2021-04-27T02:00:33Z

Get help

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	In some cases, you can claim '''damages''' (money to compensate you) for a loss or injury caused by your spouse’s cruelty. This may be hard to do. You have to present medical evidence showing the nature of the injuries and their consequences. You should speak to a lawyer if you’re thinking about claiming damages caused by your spouse’s cruelty.		In some cases, you can claim '''damages''' (money to compensate you) for a loss or injury caused by your spouse’s cruelty. This may be hard to do. You have to present medical evidence showing the nature of the injuries and their consequences. You should speak to a lawyer if you’re thinking about claiming damages caused by your spouse’s cruelty.

	==~~Get~~ help==		==Who can help==

	===With more information===		===With more information===
			The '''Family Law in BC website''' from Legal Aid BC has free '''step-by-step guides''' for applying for a desk order divorce.

			* [https://family.legalaid.bc.ca/separation-divorce/getting-a-divorce/do-your-own-uncontested-divorce Visit website]

			The BC government has a free step-by-step online tool, the '''Online Divorce Assistant''', to help couples without children apply for a divorce together.

			* [https://justice.gov.bc.ca/divorce Visit website]

	The wikibook '''''JP Boyd on Family Law''''' explains the requirements for divorce in detail.		The wikibook '''''JP Boyd on Family Law''''' explains the requirements for divorce in detail.

	~~:Web:~~ [https://wiki.clicklaw.bc.ca/index.php?title=Divorce ~~wiki.clicklaw.bc.ca~~]		* [https://wiki.clicklaw.bc.ca/index.php?title=Divorce Visit website]

	{{Dial-A-Law_Navbox\|type=families}}		{{Dial-A-Law_Navbox\|type=families}}
	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

Elena Renderos: /* Common questions */

2021-04-27T01:58:58Z

Common questions

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	In some cases, you can claim '''damages''' (money to compensate you) for a loss or injury caused by your spouse’s cruelty. This may be hard to do. You have to present medical evidence showing the nature of the injuries and their consequences. You should speak to a lawyer if you’re thinking about claiming damages caused by your spouse’s cruelty.		In some cases, you can claim '''damages''' (money to compensate you) for a loss or injury caused by your spouse’s cruelty. This may be hard to do. You have to present medical evidence showing the nature of the injuries and their consequences. You should speak to a lawyer if you’re thinking about claiming damages caused by your spouse’s cruelty.

	~~===Is there an advantage to basing a divorce on adultery or cruelty?===~~
	Establishing the breakdown of a marriage by showing adultery or cruelty means the court can make the divorce order sooner. The court doesn’t have to wait until you’ve lived separate and apart for one year.

	The court does not consider adultery or cruelty when it divides property or awards support. It will consider adultery or cruelty when deciding about children if the behaviour affects a spouse’s ability to parent the children or a spouse’s ability to become self-supporting after separation.

	In some cases, you can claim '''damages''' (money to compensate you for a loss or injury) if you can prove an assault occurred. This is hard to do. You have to present medical evidence showing the nature of the injuries and their consequences. You should speak to a lawyer if you are thinking about claiming damages caused by your spouse’s cruelty.

	~~===How long does it take to get a divorce?===~~
	The time to get a divorce varies. It depends on how long it takes to settle the various issues that need to be resolved: parenting arrangements, child support, spousal support, and division of family property and debt. All these issues must be resolved before a court will make a divorce order, except in special circumstances.

	Once the various issues are resolved, a divorce can take three to six months to finalize, depending on what steps have already been taken and how busy the court registry is. It may be faster if an application for divorce is done through a court hearing. If you have a legitimate reason to speed up the process — for example, you are getting remarried — you should speak with a lawyer.

	==Get help==		==Get help==

Elena Renderos: /* What kind of behaviour does cruelty include? */

2021-04-27T01:58:38Z

What kind of behaviour does cruelty include?

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	It may be faster if an application for divorce is done through a court hearing. If you have a legitimate reason to speed up the process — for example, you’re getting remarried — you should speak with a lawyer.		It may be faster if an application for divorce is done through a court hearing. If you have a legitimate reason to speed up the process — for example, you’re getting remarried — you should speak with a lawyer.

	===~~What kind of behaviour does~~ cruelty ~~include~~?===		===Does it make a difference if my divorce is based on adultery or cruelty?===
	~~You~~ can ~~establish~~ the ~~breakdown of~~ a ~~marriage by showing~~ '''~~cruelty~~''' ~~that makes living together intolerable~~. ~~Cruelty can~~ be ~~either physical or mental~~. You have to ~~prove your spouse’s behaviour toward you made it impossible for you to go on living together. Mental cruelty is harder to prove than physical cruelty~~. You should speak to a lawyer ~~to see~~ if ~~you have enough evidence to prove~~ cruelty.		If you can show marriage breakdown based on adultery or cruelty, the court can make a divorce order sooner. That is, the court doesn’t have to wait until you’ve lived separate and apart for one year. But adultery can be hard to prove (and take longer and cost more) if the other spouse doesn’t agree. This is why most people ask for a divorce order based on having lived apart for at least one year.

			The court doesn’t consider adultery or cruelty when it divides property or makes a support order. It will consider adultery or cruelty when making decisions about children if the behaviour limits:

			* a spouse’s ability to parent the children, or
			* a spouse’s ability to become self-supporting after separation.

			In some cases, you can claim '''damages''' (money to compensate you) for a loss or injury caused by your spouse’s cruelty. This may be hard to do. You have to present medical evidence showing the nature of the injuries and their consequences. You should speak to a lawyer if you’re thinking about claiming damages caused by your spouse’s cruelty.

	===Is there an advantage to basing a divorce on adultery or cruelty?===		===Is there an advantage to basing a divorce on adultery or cruelty?===

Elena Renderos: /* How is adultery proven in a divorce proceeding? */

2021-04-27T01:57:53Z

How is adultery proven in a divorce proceeding?

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	==Common questions==		==Common questions==

	===How ~~is adultery proven in~~ a divorce ~~proceeding~~?===		===How long does it take to get a divorce?===
	~~'''Adultery''' is when~~ a ~~spouse has sex with someone who isn’t their spouse~~. ~~Adultery is usually proved by having the spouse who committed adultery admit it~~ in ~~an affidavit~~. If your ~~spouse won’t admit~~ to ~~adultery~~, ~~then you will~~ have ~~to prove it some other way — for example~~, ~~by having your spouse or another witness testify in~~ court ~~about~~ the ~~adultery. This does not require the other party~~ in the ~~adultery to~~ be a ~~party~~ to the ~~court case~~, ~~but~~ you ~~may want them to give evidence of the adultery~~.		The time to get a divorce varies. There may be many family law issues such as parenting arrangements, child support, spousal support, and division of family property and debt. All these issues must be resolved before a court will make a divorce order, except in special circumstances.

			Once your family law issues are resolved, a divorce can take three to five months to finalize, depending on:

			* what steps have already been taken,
			* how busy the court registry is, and
			* if the spouses live in the same jurisdiction.

			It may be faster if an application for divorce is done through a court hearing. If you have a legitimate reason to speed up the process — for example, you’re getting remarried — you should speak with a lawyer.

	===What kind of behaviour does cruelty include?===		===What kind of behaviour does cruelty include?===

Elena Renderos: /* Annulment is a court order declaring a marriage invalid */

2021-04-27T01:57:17Z

Annulment is a court order declaring a marriage invalid

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	===Annulment is a court order declaring a marriage invalid===		===Annulment is a court order declaring a marriage invalid===
	An '''annulment''' means that, ~~according to the~~ law, you and your partner ~~were not~~ actually married. If the court declares ~~an annulment~~, ~~then it is unnecessary~~ to ~~get~~ a divorce. A divorce ~~is a court order which~~ ends a valid marriage.		An '''annulment''' means that, by law, you and your partner aren’t actually legally married. If the court declares a marriage annulled, you don’t have to apply for a divorce. While an annulment ends an '''invalid marriage''', divorce ends a valid marriage.

	~~Circumstances that can make~~ for ~~an invalid marriage include~~:		A marriage is invalid when, for example:
	*if one spouse was already married when they married the other person
	*if one of the spouses was under age 16 at the time of the marriage ceremony		* one spouse was already married when they married the other person
	*if a spouse married someone other than the person they intended to marry		* one of the spouses was under age 16 at the time of the marriage ceremony
			* a spouse married someone other than the person they intended to marry

	====Effect of annulment====		====Effect of annulment====
	If the court annuls a marriage, ~~it is~~ as if the marriage never happened.		If the court annuls a marriage, it’s as if the marriage never happened.

	Even if a marriage is annulled, spouses can still make claims against each other about the parenting of children, the payment of support, and the division of property and debt under the ''Family Law Act''.		Even if a marriage is annulled, spouses can still make claims against each other about the parenting of children, the payment of support, and the division of property and debt under the BC provincial Family Law Act.

	====Foreign marriages====		====Foreign marriages====
	The law ~~about the~~ annulment ~~of foreign marriages~~ is complicated. ~~You~~ should speak to a lawyer who deals with annulments in the country ~~you are dealing with if you want to annul a foreign~~ marriage.		The law around foreign marriage annulment is complicated. If you want to annul a foreign marriage, you should speak to a lawyer who deals with annulments in the country where the marriage occurred.

	Some religions allow for religious annulments. These annulments do not legally ~~annul~~ a marriage or divorce people. The ~~people remain~~ married until a court declares an annulment.		Some religions allow for religious annulments. These annulments '''do not''' legally cancel a marriage or divorce people. The couple stays married until '''a court''' declares an annulment.

	==Common questions==		==Common questions==

Elena Renderos: /* Situations where the court will not grant a divorce */

2021-04-27T01:56:11Z

Situations where the court will not grant a divorce

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	[[Desk Order Divorce: The Do-It-Yourself Divorce Process\|We explain this process in our information on desk order divorce]].		[[Desk Order Divorce: The Do-It-Yourself Divorce Process\|We explain this process in our information on desk order divorce]].

	===~~Situations where~~ the court will not grant a divorce===		===When the court will not grant a divorce===
	The court ~~will not~~ grant a divorce in ~~certain~~ situations.		The court '''won’t''' grant a divorce if neither you nor your spouse has lived in BC for at least a year. Here are some other situations in which the court won’t grant a divorce.

	====Collusion or connivance====		====Collusion or connivance====
	If you try to ~~deceive~~ the court, the court ~~will not~~ grant a divorce. '''Collusion''' is when spouses plan to lie to the court to get a divorce order. It can be either in an affidavit or ~~through testimony~~. ~~For~~ example~~, if~~ a couple ~~agree~~ they will lie about the date of separation ~~in order~~ to speed up the divorce.		If you try to trick the court, the court won’t grant a divorce. '''Collusion''' is when spouses plan to lie to the court to get a divorce order. This can happen either in an affidavit or by way of oral statements made in court. An example is when a couple agrees they will lie about the date of separation to speed up the divorce.

	'''Connivance''' is when one spouse encourages the other to commit adultery or tricks the other spouse into committing adultery to speed up the divorce.		'''Connivance''' is when one spouse encourages the other to commit adultery, or tricks the other spouse into committing adultery to speed up the divorce.

	====Condonation====		====Condonation====
	Forgiving your spouse’s conduct may prevent a divorce from being granted. '''Condonation''' is when one spouse has approved of the other spouse’s adultery or cruelty.		Forgiving your spouse’s conduct may prevent a divorce from being granted on the grounds of adultery or cruelty. '''Condonation''' is when one spouse has approved of the other spouse’s adultery or cruelty.

	====Insufficient child support====		====Insufficient child support====
	Before granting a divorce order, a judge must be satisfied ~~appropriate~~ arrangements have been made for the financial support of the children. ~~Most of the time, this~~ means that child support is being paid in the ~~amount~~ required by the Federal Child Support Guidelines, either under a court order or a separation agreement. ~~Our information on~~ [[Child Support (No. 117)\|child support ~~(no. 117)~~]] ~~has more on this~~.		Before granting a divorce order, a judge must be satisfied that reasonable arrangements have been made for the financial support of the children. This usually means that adequate child support is being paid. (That is, the support payments meet the level required by the Federal Child Support Guidelines, either under a court order or a separation agreement.) [[Child Support (No. 117)\|See our information on child support]].

	===Annulment is a court order declaring a marriage invalid===		===Annulment is a court order declaring a marriage invalid===