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Difference between revisions of "Divorce (3:IV)"
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=== 2. A Valid Marriage: Proof of Marriage === | === 2. A Valid Marriage: Proof of Marriage === | ||
Section 52(1) of the ''Evidence Act'', RSBC 1996, c 124 states that if it is alleged in a civil proceeding that a ceremony of marriage took place in BC or another jurisdiction, either of the following is evidence that the ceremony took place: | Section 52(1) of the [http://canlii.ca/t/840j ''Evidence Act'', RSBC 1996, c 124] states that if it is alleged in a civil proceeding that a ceremony of marriage took place in BC or another jurisdiction, either of the following is evidence that the ceremony took place: | ||
*a) the evidence of a person present at the ceremony (less common); or | *a) the evidence of a person present at the ceremony (less common); or | ||
*b) a document purporting to be the original or a certified copy of the certificate of marriage (the church certificate is not acceptable). Note: A certified copy is often not accepted by the Registry and all efforts should be made to obtain the original marriage certificate. | *b) a document purporting to be the original or a certified copy of the certificate of marriage (the church certificate is not acceptable). Note: A certified copy is often not accepted by the Registry and all efforts should be made to obtain the original marriage certificate. | ||
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The simplest way is to use a certificate of marriage or registration of marriage. Only if the certificate or registration of marriage is not available should the evidence of a person present at the ceremony be used. An official translation of the marriage certificate and a translator’s affidavit must be provided if the marriage certificate is in any language other than English. French language marriage certificates must also be translated. The Court may require further proof that the marriage is valid if the documents evidencing the marriage appear questionable. Immigration and landing documents can be used as additional proof of marriage in these situations. In British Columbia, a party can obtain an original marriage certificate from Vital Statistics by filling out a request form. See the [https://www.vs.gov.bc.ca/marriage/certificate.html Vital Statistics website]. | The simplest way is to use a certificate of marriage or registration of marriage. Only if the certificate or registration of marriage is not available should the evidence of a person present at the ceremony be used. An official translation of the marriage certificate and a translator’s affidavit must be provided if the marriage certificate is in any language other than English. French language marriage certificates must also be translated. The Court may require further proof that the marriage is valid if the documents evidencing the marriage appear questionable. Immigration and landing documents can be used as additional proof of marriage in these situations. In British Columbia, a party can obtain an original marriage certificate from Vital Statistics by filling out a request form. See the [https://www.vs.gov.bc.ca/marriage/certificate.html Vital Statistics website]. | ||
If a marriage certificate absolutely cannot be provided (e.g. the records cannot be obtained from the parties’ country of origin or were destroyed), and if there are no witnesses to the marriage available, a party to the divorce proceeding can attempt to prove her or his marriage by attesting to “cohabitation and reputation” in an affidavit. The Court will hear evidence of the couple’s “cohabitation and reputation” from the parties and witnesses. Where there are witnesses to the marriage available, a witness will be required to sign and swear an affidavit stating that: he or she was at the ceremony, it was conducted in accordance with the laws and religion of the country where the parties married, and to the best of his or her knowledge, the two parties were in fact married according to their law and traditions. | If a marriage certificate absolutely cannot be provided (e.g. the records cannot be obtained from the parties’ country of origin or were destroyed), and if there are no witnesses to the marriage available, a party to the divorce proceeding can attempt to prove her or his marriage by attesting to “cohabitation and reputation” in an affidavit. The Court will hear evidence of the couple’s “cohabitation and reputation” from the parties and witnesses. Where there are witnesses to the marriage available, a witness will be required to sign and swear an affidavit stating that: he or she was at the ceremony, it was conducted in accordance with the laws and religion of the country where the parties married, and to the best of his or her knowledge, the two parties were in fact married according to their law and traditions. | ||
=== 3. Grounds for Divorce === | === 3. Grounds for Divorce === | ||