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Difference between revisions of "Simple Divorce Procedure: Step by Step (3:VI)"
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Simple Divorce Procedure: Step by Step (3:VI) (view source)
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Foreign language marriage certificates must be accompanied by a certified English translation. Certificates in French must also be translated. MOSAIC Translations will translate marriage documents. The minimum charge for this service is $35. It should be noted that foreign marriages might be considered valid if the evidence shows that the marriage is valid in the foreign country. The Society of Translators and Interpreters of BC also translates marriage certificates: (604) 684-2940. | Foreign language marriage certificates must be accompanied by a certified English translation. Certificates in French must also be translated. MOSAIC Translations will translate marriage documents. The minimum charge for this service is $35. It should be noted that foreign marriages might be considered valid if the evidence shows that the marriage is valid in the foreign country. The Society of Translators and Interpreters of BC also translates marriage certificates: (604) 684-2940. | ||
=== 3. Amending a Document === | |||
Under Rule 8-1 of the ''Supreme Court Family Rules'', a party may amend his or her pleadings. A party may amend an originating process or pleading issued or filed by the party at any time with leave of the Court, and, subject to Rules 8-2(7), 8-2(9) and 9-6(5): | |||
*once without leave of the Court, at any time before delivery of the notice of trial or hearing; and | |||
*at any time with the written consent of all the parties. | |||
Unless the Court otherwise orders, where a party amends a document under 8-1(1), a new document, being a copy of the original document but amended and bearing the date of the original, shall be filed. | |||
Unless the Court otherwise orders, service on a party of an amended originating process or pleading shall be required if the original has been served on that party and no Response to Family Claim has been filed. | |||
Unless the Court otherwise orders, where a party amends a document under 8-1(1), the party shall deliver copies of the amended document to all the parties of record within seven days after its amendment and, where service is required under 8-1(4), the party shall serve copies on the persons required to be served as soon as reasonably possible and before taking any further step in the proceeding. | |||
Where an amended Notice of Family Claim, Counterclaim, or third party notice is served on an opposing party, the opposing party, if he or she has already delivered a Response to Family Claim, may amend that Response to Family Claim under the following conditions: | |||
*the opposing party must amend the Response only with respect to any matter raised by the amendments to the Notice of Family Claim, Counterclaim, or third party notice; and | |||
*the period for filing and delivering an amended Response to Family Claim to an amended Notice of Family Claim is 14 days after the amended pleading is delivered. Where a party does not serve an amended Response as provided in 8-1(5) the party shall be deemed to rely upon his or her original Response. | |||
== D. Contested Actions == | |||
If the claimant’s action is contested, the client should retain a lawyer, or at least seek a lawyer’s advice, before proceeding. However, there are some situations where it is possible for the respondent to file a Response to Family Claim without contesting the divorce application. For example, the respondent can speak to access without a contested action ensuing, but a support or custody issue would definitely result in a contested action, and a considerable wait for trial. | |||
== E. “Quick” Divorces == | |||
If there are special circumstances such that the parties would both agree to a quick divorce, the respondent can waive the waiting period after service by filing an answer, and then both parties sign a waiver of appeal. However, this will only speed up the procedure by a few weeks as the appeal period is 31 days. | |||
It should be noted that the Court might not advance the date of divorce merely because of an impending birth or marriage. The Court must be “of the opinion that by reason of special circumstances the divorce should take effect earlier,” and the spouses agree not to appeal the decision: ''DA'', s 12(2). The courts have interpreted “special circumstances” very strictly, and grant a quick divorce in exceptional cases only, e.g. where the immigration status of the claimant’s fiancée is in jeopardy, but not in the case of pregnancy or ordinary remarriage. | |||
