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Difference between revisions of "Divorce and the Law on Getting Divorced"
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Divorce and the Law on Getting Divorced (view source)
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The criteria that must be met to obtain an annulment ― which is different than a divorce order and isn't nearly as simple and straightforward as most people think ― are discussed in the chapter [[Family Relationships]] within the section [[Marriage & Married Spouses]]. | The criteria that must be met to obtain an annulment ― which is different than a divorce order and isn't nearly as simple and straightforward as most people think ― are discussed in the chapter [[Family Relationships]] within the section [[Marriage & Married Spouses]]. | ||
==Preconditions for applying for a divorce in BC== | |||
If you want to get a divorce in BC, you must first satisfy three conditions: | |||
#You must be legally married. If your marriage was legally valid in the place you got married, it counts as a legal marriage in BC. To prove you were legally married you will need to provide a marriage certificate issued in the country where you were married. If you can't get a marriage certificate, you'll need to find witnesses who saw you get married. These witnesses will need to either testify or swear an affidavit saying that they saw you get married. | |||
#Generally, you or your spouse must live in BC and have lived here for at least a year. The one exception to this rule is if you were married in BC, and you lived somewhere in the last year that wouldn't let you get divorced. If you take advantage of this exception, you can only get a divorce in BC. Claims about children, property division, and child and spousal support must be dealt with where you and your spouse live. | |||
#You must prove that you have been separated from your spouse for a year, or that your spouse treated you cruelly, or that your spouse had sex with someone else. | |||
==The grounds for divorce== | ==The grounds for divorce== | ||
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*the marriage legally exists, | *the marriage legally exists, | ||
*at least one of the parties has been ordinarily resident in British Columbia for at least one year before the proceeding began, | *at least one of the parties has been ordinarily resident in British Columbia for at least one year before the proceeding began, or one of the parties lived somewhere in the last year that would not permit the divorce because the marriage was not recognized there, | ||
*the ground on which marriage breakdown in claimed has been proven, and, | *the ground on which marriage breakdown in claimed has been proven, and, | ||
*if there are children, an adequate amount of child support is being paid. | *if there are children, an adequate amount of child support is being paid. | ||
