Talk:Divorce and the Law on Getting Divorced

Reference to preconditions for divorce and the Civil Marriage Act

I notice that 3 conditions have been referenced under preconditions for divorce, but that the second one is a bit exceptional since it's only applicable in a tiny minority of instances. Do you want to consider breaking that exception out more clearly?

This is how it reads now:

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.

It could be restructured something like this (note I switched the language specifically to say "state" since that's what section 7(1)(c) of the Civil Marriage Act uses):

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. You or your spouse must live in BC and have lived here for at least a year. There is one exception dealt with below. 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. There is one exception to condition #2. The exception is mostly relevant to same-sex spouses. If you don't live in BC but were married here, and if for at least the past year both you and your spouse have lived in a state that does not recognize your marriage, you can apply for divorce in BC. This covers divorce only. Other claims about children, property division, and child and spousal support must be dealt with where you and your spouse live.

--Nate Russell (talk) 17:34, 23 January 2014 (PST)

The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage" and "marriage, validity of."

A legal relationship between two persons, whether of the same or opposite genders, that is solemnized by a marriage commissioner or licenced religious official and gives rise to certain mutual rights, benefits, and obligations. See also "conjugal rights," "consortium," and "marriage, validity of."

A legal document in which a person provides evidence of certain facts and events in writing. The person making the affidavit, the deponent, must confirm that the statements made in the affidavit are true by oath or affirmation. Affidavits must be signed in front of a lawyer, a notary public or a commissioner for taking oaths, who takes the oath or affirmation of the deponent. Affidavits are used as evidence, just as if the person making the affidavit had made the statements as a witness at trial. See "deponent", "affirm," "oath" and "witness."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

Something which can be owned. See "chattels" and "real property."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

A payment made by one spouse to the other spouse to help with the recipient's day-to-day living expenses or to compensate the recipient for the financial choices the spouses made during the relationship.