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Difference between revisions of "Requirements for Divorce and Annulment"
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Requirements for Divorce and Annulment (view source)
Revision as of 01:56, 27 April 2021
, 01:56, 27 April 2021→Situations where the court will not grant a divorce
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[[Desk Order Divorce: The Do-It-Yourself Divorce Process|We explain this process in our information on desk order divorce]]. | [[Desk Order Divorce: The Do-It-Yourself Divorce Process|We explain this process in our information on desk order divorce]]. | ||
=== | ===When the court will not grant a divorce=== | ||
The court | The court '''won’t''' grant a divorce if neither you nor your spouse has lived in BC for at least a year. Here are some other situations in which the court won’t grant a divorce. | ||
====Collusion or connivance==== | ====Collusion or connivance==== | ||
If you try to | If you try to trick the court, the court won’t grant a divorce. '''Collusion''' is when spouses plan to lie to the court to get a divorce order. This can happen either in an affidavit or by way of oral statements made in court. An example is when a couple agrees they will lie about the date of separation to speed up the divorce. | ||
'''Connivance''' is when one spouse encourages the other to commit adultery or tricks the other spouse into committing adultery to speed up the divorce. | '''Connivance''' is when one spouse encourages the other to commit adultery, or tricks the other spouse into committing adultery to speed up the divorce. | ||
====Condonation==== | ====Condonation==== | ||
Forgiving your spouse’s conduct may prevent a divorce from being granted. '''Condonation''' is when one spouse has approved of the other spouse’s adultery or cruelty. | Forgiving your spouse’s conduct may prevent a divorce from being granted on the grounds of adultery or cruelty. '''Condonation''' is when one spouse has approved of the other spouse’s adultery or cruelty. | ||
====Insufficient child support==== | ====Insufficient child support==== | ||
Before granting a divorce order, a judge must be satisfied | Before granting a divorce order, a judge must be satisfied that reasonable arrangements have been made for the financial support of the children. This usually means that adequate child support is being paid. (That is, the support payments meet the level required by the Federal Child Support Guidelines, either under a court order or a separation agreement.) [[Child Support (No. 117)|See our information on child support]]. | ||
===Annulment is a court order declaring a marriage invalid=== | ===Annulment is a court order declaring a marriage invalid=== | ||