Difference between revisions of "Requirements for Divorce and Annulment"

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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==