5,109
edits
Difference between revisions of "Alternatives to Divorce (3:VII)"
From Clicklaw Wikibooks
Alternatives to Divorce (3:VII) (view source)
Revision as of 01:13, 29 December 2020
, 01:13, 29 December 2020no edit summary
| Line 1: | Line 1: | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= September 29, 2020}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
| Line 8: | Line 8: | ||
*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 | 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: | ||
| Line 24: | Line 24: | ||
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 | :'''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 == | ||
