Alternatives to Divorce (3:VII): Difference between revisions
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→A. Annulment
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An annulment differs conceptually from a divorce because a divorce terminates a legal status, whereas an annulment is a declaration that the parties’ marital status never properly existed. A declaration of nullity may be obtained for two types of marriages: | An annulment differs conceptually from a divorce because a divorce terminates a legal status, whereas an annulment is a declaration that the parties’ marital status never properly existed. A declaration of nullity may be obtained for two types of marriages: | ||
*void marriages, which are null and void ''ab initio''; and | *void marriages, which are null and void ''ab initio'' (from the outset); and | ||
*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 | 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 do 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: | ||
*either of the parties was, at the time of the marriage, still married to another party; | *either of the parties was, at the time of the marriage, still married to another party; | ||
*one of the parties did not consent to the marriage; | *one of the parties did not consent to the marriage; | ||
*the parties are related within the bonds of consanguinity; or | *the parties are related within the bonds of consanguinity (descent from a common ancestor); or | ||
*the formal requirements imposed by provincial statute (such as the ''BC Marriage Act'') are not fulfilled. | *the formal requirements imposed by provincial statute (such as the ''BC Marriage Act'') are not fulfilled. | ||