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Difference between revisions of "Alternatives to Divorce (3:VII)"
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Alternatives to Divorce (3:VII) (view source)
Revision as of 03:27, 24 July 2016
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*voidable marriages, which are valid until a court of competent jurisdiction grants a declaration of nullity (although such a declaration has the effect of invalidating the marriage from its beginning). | *voidable marriages, which are valid until a court of competent jurisdiction grants a declaration of nullity (although such a declaration has the effect of invalidating the marriage from its beginning). | ||
The difference between a void and voidable marriage is less important in matrimonial proceedings in British Columbia than it once was, as the FRA s 95(2) makes no distinction between the two and Part 5 of the Act applies to both. The ''FLA'' ss 21-22 also does not make any distinction. For purposes other than the FRA/''FLA'', the distinction may still be relevant. | The difference between a void and voidable marriage is less important in matrimonial proceedings in British Columbia than it once was, as the ''FRA'' s 95(2) makes no distinction between the two and Part 5 of the Act applies to both. The ''FLA'' ss 21-22 also does not make any distinction. For purposes other than the ''FRA''/''FLA'', the distinction may still be relevant. | ||
A marriage is void ''ab initio'' if: | A marriage is void ''ab initio'' if: | ||
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A voidable marriage is valid until one of the parties to it obtains a declaration of nullity. The declaration must be obtained during the parties’ joint lives, and is not available if the parties are already divorced. In Canada, a marriage may be voidable in the following circumstances: | A voidable marriage is valid until one of the parties to it obtains a declaration of nullity. The declaration must be obtained during the parties’ joint lives, and is not available if the parties are already divorced. In Canada, a marriage may be voidable in the following circumstances: | ||
*either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable (see ''Juretic v Ruiz'', 1999 BCCA 417); or | *either party is impotent or otherwise unable to consummate the marriage (as opposed to unwilling to consummate the marriage, which may constitute cruelty but does not render the marriage voidable (see [http://canlii.ca/t/54b4 ''Juretic v Ruiz'', 1999 BCCA 417]); or | ||
*a party is under 14 years of age. | *a party is under 14 years of age. | ||