137
edits
Difference between revisions of "Separating and Getting Divorced"
From Clicklaw Wikibooks
Separating and Getting Divorced (view source)
Revision as of 21:00, 2 August 2017
, 21:00, 2 August 2017no edit summary
| Line 24: | Line 24: | ||
===Separation=== | ===Separation=== | ||
Separation is simple: the parties must simply start living | Separation is simple: the parties must simply start living "separate and apart" from one another, whether under the same roof or in separate homes. Contrary to popular <span class="noglossary">opinion</span>, you do not need to see a lawyer or file some sort of court document to obtain a separation. You just need to call it quits, tell the other spouse that it's over, and take whatever steps are necessary to put an end to the partnership qualities of your relationship. | ||
For married couples, separation signals the breakdown of their relationship but does not release them from the bonds of their marriage. | For married couples, separation signals the breakdown of their relationship but does not release them from the bonds of their marriage. | ||
| Line 30: | Line 30: | ||
For unmarried couples, including unmarried couples who qualify as spouses under the ''[[Family Law Act]]'', separation is all that's required to end the relationship. | For unmarried couples, including unmarried couples who qualify as spouses under the ''[[Family Law Act]]'', separation is all that's required to end the relationship. | ||
The date a couple separates is very, ''very'' important, because the date of separation is a very important element in determining child support, spousal support, and the division of property and debt. | The date a couple separates is very, '''very''' important, because the date of separation is a very important element in determining child support, spousal support, and the division of property and debt. | ||
===Annulment=== | ===Annulment=== | ||
| Line 43: | Line 43: | ||
*one or both of the spouses agreed to marry as a result of fraud or misrepresentation. | *one or both of the spouses agreed to marry as a result of fraud or misrepresentation. | ||
You can find more information about void marriages, voidable marriages, and annulment in the chapter | You can find more information about void marriages, voidable marriages, and annulment in the chapter [[Family Relationships]], in the | ||
section [[Marriage & Married Spouses]]. | section [[Marriage & Married Spouses]]. | ||
===Divorce=== | ===Divorce=== | ||
Divorce is the legal end of a valid marriage. To obtain a divorce, one spouse must sue the other in the [http://www.courts.gov.bc.ca/supreme_court/ Supreme Court], and in general at least one of the spouses must have been | Divorce is the legal end of a valid marriage. To obtain a divorce, one spouse must sue the other in the [http://www.courts.gov.bc.ca/supreme_court/ Supreme Court], and in general at least one of the spouses must have been "ordinarily resident" in British Columbia for the preceding year. To qualify for a divorce order, a spouse must prove that the marital relationship has broken down for one of three reasons: | ||
#separation for a period of not less than one year, | #separation for a period of not less than one year, | ||
| Line 56: | Line 56: | ||
It is possible to oppose an application for a divorce order, although this rarely happens. In general, once one of the grounds for divorce has been established, the courts will allow the divorce application, despite the objections of the other spouse. | It is possible to oppose an application for a divorce order, although this rarely happens. In general, once one of the grounds for divorce has been established, the courts will allow the divorce application, despite the objections of the other spouse. | ||
For various reasons, getting divorced can sometimes be a low priority in some people's lives. Frankly, most people have better things to do with their time than filing the paperwork necessary to get divorced, especially if that's the only legal issue to deal with. With the passage of time, spouses can lose track of each other, and it sometimes happens when one spouse decides to move on the divorce issue the other spouse can't be found, and the divorce order gets made without the other spouse being told about it! If you're not sure if you're divorced, see [[How Do I Find Out if I'm Divorced?]] It's located in the section Marriage, Separation & Divorce in the ''How Do I?'' part of this resource. | For various reasons, getting divorced can sometimes be a low priority in some people's lives. Frankly, most people have better things to do with their time than filing the paperwork necessary to get divorced, especially if that's the only legal issue to deal with. With the passage of time, spouses can lose track of each other, and it sometimes happens when one spouse decides to move on the divorce issue the other spouse can't be found, and the divorce order gets made without the other spouse being told about it! If you're not sure if you're divorced, see [[How Do I Find Out if I'm Divorced?]] It's located in the section ''Marriage, Separation & Divorce'' in the ''How Do I?'' part of this resource. | ||
==A few surprisingly common misunderstandings== | ==A few surprisingly common misunderstandings== | ||
| Line 98: | Line 98: | ||
It is also not true that a lack of sex in your relationship automatically ends your marriage, allows the marriage to be declared void, or is otherwise a ground of divorce. Sex has very little to do with divorce, just as it often has little to do with marriage. A lack of sex may spell the end of a relationship and spur a couple's separation, but at law whether you and your spouse are having sex or not is irrelevant. | It is also not true that a lack of sex in your relationship automatically ends your marriage, allows the marriage to be declared void, or is otherwise a ground of divorce. Sex has very little to do with divorce, just as it often has little to do with marriage. A lack of sex may spell the end of a relationship and spur a couple's separation, but at law whether you and your spouse are having sex or not is irrelevant. | ||
The one exception to this last rule has to do with the ''consummation'' of the marriage, and this exception doesn't mean what most people think it means. A marriage does not need to be consummated to be a valid, binding marriage. In order to escape a marriage on this ground, you or your partner must, I kid you not, have an invincible repugnance to the <span class="noglossary">act</span> of sexual intercourse or some physical condition that makes sex impossible. | The one exception to this last rule has to do with the ''consummation'' of the marriage, and this exception doesn't mean what most people think it means. A marriage does not need to be consummated to be a valid, binding marriage. In order to escape a marriage on this ground, you or your partner must, I kid you not, have an "invincible repugnance" to the <span class="noglossary">act</span> of sexual intercourse or some physical condition that makes sex impossible. | ||
