Difference between revisions of "Alternatives to Divorce (3:VII)"

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{{REVIEWED LSLAP | date= July 18, 2019}}
{{REVIEWED LSLAP | date= September 29, 2020}}
{{LSLAP Manual TOC|expanded = family}}
{{LSLAP Manual TOC|expanded = family}}


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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 do 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 was when the ''FRA'' was in effect (see s 95(2) and part 5). The ''FLA'' ss 21-22 also do not make any distinction. For purposes other than the ''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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These are common law rules.  
These are common law rules.  


:'''NOTE:''' If a marriage is found to be void, this does not affect the property claims that a party might have. Pursuant to s 56 of the ''FRA'' and s 21 of the ''FLA'', the matrimonial regime still applies in this situation.
:'''NOTE:''' If a marriage is found to be void, this does not affect the property claims that a party might have. Pursuant to s 21 of the ''FLA'', the matrimonial regime still applies in this situation.


== B. Judicial Separation ==
== B. Judicial Separation ==
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