<p>Yes. If you've been living in B.C. for at least one year and continue to live in B.C., you can apply for
<p>Yes. If you've been living in B.C. for at least one year and continue to live in B.C., you can apply for
divorce in BC Supreme Court. The Canada Divorce Act states that a provincial court can deal with a
divorce in BC Supreme Court. The Canada Divorce Act states that a provincial court can deal with a
@ -93,7 +94,6 @@
proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.
proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.
</p>
</p>
<p>
<p>
A detailed explanation of the meaning of ordinarily resident can be found on the
<ahref="http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/rhro_cl/p4.html"target="_blank">Department of Justice</a> web site.
A detailed explanation of the <ahref="http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/rhro_cl/p4.html"target="_blank">meaning of ordinarily resident</a> can be found on the Department of Justice web site.
title="<b>Living separate and apart</b><br/><br/><p>You or your spouse have decided to end the marriage. In general one separates by moving out.
title="<b>Living separate and apart</b><br/><br/><p>You or your spouse have decided to end the marriage. In general one separates by moving out.
However, it is possible to be separated but still live under the same roof as long as either you our your spouse
However, it is possible to be separated but still live under the same roof as long as either you or your spouse
have clearly communicated your intention for a permanent separation (and are starting to act upon it).</p>
have clearly communicated your intention for a permanent separation (and are starting to act upon it).</p>
<p>This could mean:</p><ul><li>You're living in separate rooms</li><li>You're sleeping in separate beds</li><li>There's no sexual relationship</li>" aria-hidden="true"></i>?
<p>This could mean:</p><ul><li>You're living in separate rooms</li><li>You're sleeping in separate beds</li><li>There's no sexual relationship</li>" aria-hidden="true"></i>?
The date you entered indicates you've been separated for less than one year. You can use this online tool to start working
on the divorce forms, however, you will not be able to file your documents at the registry until
the one year separation period has passed.
</p>
<p>Under the Divorce Act, a divorce may be granted on one of three grounds:</p>
<ul>
<li>intentional separation for more than one year</li>
<li>adultery</li>
<li>physical or mental cruelty</li>
</ul>
<p>
Most divorces are granted on the basis of intentional separation for more than a year.
It's possible to get a divorce more quickly by basing it on the grounds of either adultery or physical or mental cruelty.
However, you must be able to prove the adultery or cruelty. It's best to talk to a lawyer before deciding to seek a divorce
on grounds other than separation.
</p>
</div>
<divclass="question-well">
<divclass="question-well">
<h3>Did you and {% if name_spouse %} {{ name_spouse }} {% else %} your spouse {% endif %} try to reconcile after you separated <spanid="separation_date_span">{% if separation_date %} on {{ separation_date }}{% endif %}</span>?</h3>
<h3>Did you and {% if name_spouse %} {{ name_spouse }} {% else %} your spouse {% endif %} try to reconcile after you separated <spanid="separation_date_span">{% if separation_date %} on {{ separation_date }}{% endif %}</span>?</h3>
<p>Based on the date(s) you have provided for reconciliation, we have detected that your reconciliation may be for a period of greater than 90 days. Within the one year separation period, you can only live together for 90 days or less. </p>
<p>You can still proceed to complete the application, however, it will be up to the court to decide if you have lived separate and apart for the required period of one year.</p>
<!-- TODO: Talk to a lawyer links to help centre page. -->
<p>You may want to talk to a lawyer regarding your legal rights and options. </p>
<p>Based on the date(s) you have provided for reconciliation, we have detected that your reconciliation may be for a period of greater than 90 days. Within the one year separation period, you can only live together for 90 days or less. </p>
<p>You can still proceed to complete the application, however, it will be up to the court to decide if you have lived separate and apart for the required period of one year.</p>
<!-- TODO: Talk to a lawyer links to help centre page. -->
<p>You may want to talk to a lawyer regarding your legal rights and options. </p>
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>." aria-hidden="true"></i>
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>" aria-hidden="true"></i>
is satisfied that you had a good reason for not filing this document sooner. If the court registrar is dissatisfied
is satisfied that you had a good reason for not filing this document sooner. If the court registrar is dissatisfied
with your reason for not filing your marriage certificate, you will be unable to file your claim for divorce until the document can be produced.
with your reason for not filing your marriage certificate, you will be unable to file your claim for divorce until the document can be produced.
title="<b>registrar</b><br/><br/>An officer of the court who has the power to make
title="<b>registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>." aria-hidden="true"></i>
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>" aria-hidden="true"></i>
agrees with the reasons you provide, and accepts the Notice of Joint Family Claim (form F1),
agrees with the reasons you provide, and accepts the Notice of Joint Family Claim (form F1),
you will need to provide proof of marriage before your application for a divorce order
you will need to provide proof of marriage before your application for a divorce order
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>." aria-hidden="true"></i>
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>" aria-hidden="true"></i>
will review and then decide whether or not they will accept your reason (s). You will be asked for this detail later in this online tool.</p>
will review and then decide whether or not they will accept your reason (s). You will be asked for this detail later in this online tool.</p>
</div>
</div>
<h3>Please tell us why it is impossible to obtain a marriage certificate or registration of marriage.
<h3>Please tell us why it is impossible to obtain a marriage certificate or registration of marriage.
@ -132,7 +133,7 @@
</div>
</div>
</div>
</div>
{% if married_marriage_like == "Legally married" %}
can be found on the Court Services Branch web site.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a>
that may be required for a Joint Divorce can also be found on the Family Law web site. </p>
<p>Sorry, but at this point in time you will need to complete your application for divorce using the
<ahref="http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_family.htm"target="_blank">Supreme Court of B.C. forms</a>
(PDF). The forms can be found on the Court Services Branch web site.</p>
<p>A listing of forms that may be required for a Joint Divorce can also be found on the
<ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">Family Law web site.</a></p>
<p><b>Proof of MarriageTranslation</b><br/>
<p><b>Proof of MarriageTranslation</b><br/>
You need to get your proof of marriage translated by a certified translator if it is not in English.
You need to get your proof of marriage translated by a certified translator if it is not in English.
Ask the translator to give you an Affidavit of Translation. You'll then need to file at the court registry
Ask the translator to give you an Affidavit of Translation. You'll then need to file at the court registry
@ -166,6 +167,7 @@
to find out what its rule is about marriage certificates in French.</p>
to find out what its rule is about marriage certificates in French.</p>
</div>
</div>
</div>
</div>
{% endif %}
{% endblock %}
{% endblock %}
@ -177,8 +179,16 @@
{% block sidebarText %}
{% block sidebarText %}
<h3>Video: Needed for Divorce: Your Marriage Certificate</h3>
<h3>Video: Needed for Divorce: Your Marriage Certificate</h3>
<ahref="http://www.familylaw.lss.bc.ca/resources/video.php">Link to video</a>
<p>An 11½-minute video excerpted from "Helping Clients Prepare Divorce Documents That Don't Bounce," a workshop by lawyer J.P. Boyd at the October 2006 LSS Provincial Training Conference for Legal Advocates.</p>
<p>An 11½-minute video excerpted from "Helping Clients Prepare Divorce Documents That Don't Bounce," a workshop by lawyer J.P. Boyd at the October 2006 LSS Provincial Training Conference for Legal Advocates.</p>
Insert sample images of Certified Copy of a Marriage Registration and Certified Electronic Extract of a Marriage Registration</a></p>
<p><ahref="http://www2.gov.bc.ca/gov/content/life-events/marriages/marriage-certificates"target="_blank">Insert sample of B.C. Marriage Certificate</a></p>
<figure>
<h2>Certified Copy of a Marriage Registration</h2>
If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90days (either before or after you file the application) to try to reconcile. If things do not work out, you can continue your action for divorce as if you
If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90days (either before or after you file the application) to try to reconcile. If things do not work out, you can continue your action for divorce as if you
<p>If you ask for a divorce due to "other reason" reasons, you have to present evidence to the court to prove the facts of the adultery or physical or mental cruelty.</p>
<p>At this point in time you will need to complete your application for divorce using the
<ahref="http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_family.htm"target="_blank">PDF version of the forms</a>. The forms can be found on the Court Services Branch web site: Supreme Court - Provincial Court.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a> that may be required for a Joint Divorce can be found on the Legal Services Society web site.</p>
<p>If you ask for a divorce due to "other reasons", you have to present evidence to the court to prove the facts of the adultery or physical or mental cruelty.</p>
<p>At this point in time you will need to complete your application for divorce using the PDF version of the forms. The
Charles Shin
8 years ago
