Did you imagine that getting married with the Eiffel Tower as your backdrop would be all romance and no complications? Now, you find yourself in beautiful British Columbia, grappling with a situation you’d rather not be in – divorce.
Don’t worry, you’re not the first to navigate these choppy waters, and BC law has provisions to accommodate your predicament.
Stay tuned as we unravel the intricacies of seeking a divorce in BC when your nuptials were an international affair.
Key Takeaways
- You can divorce in BC even if married abroad, provided your marriage is recognized as valid in BC.
- Divorce in BC requires at least one year of residency and meeting other BC divorce requirements.
- Foreign divorces are recognized in BC under the condition of one-year residency in the country of divorce.
- Preliminary steps for divorce in BC include filing a Notice of Family Claim and proving the validity of your foreign marriage.
Understanding Marriage Validity in BC
As you navigate the process of divorce in BC, it’s crucial to understand that BC generally recognizes marriages that were valid in the location where they were performed. This means that if your marriage was legal in the country where you got married, BC law typically accepts it as valid. However, exceptions do exist where your marriage might not be recognized.
One exception includes BC not recognizing the marriage due to age restrictions not meeting the standards for marriage. For instance, if you got married in a country that allows underage marriages, BC mightn’t recognize such a marriage because it doesn’t comply with BC standards.
It’s also important to note that BC’s recognition of marriage validity is generally broad. This implies that as long as your marriage doesn’t conflict with Canadian public policy or violate BC laws on marriage, it’s likely to be recognized.
Divorce Eligibility for International Marriages
While navigating the complexities of divorce eligibility in BC for international marriages, it’s important to note that you can file for divorce in BC even if you were married abroad, provided your marriage is recognized as valid under BC law.
To be eligible for divorce in BC, you must meet certain criteria. Firstly, at least one spouse must have resided in BC for at least a year prior to filing for divorce. Secondly, your marriage must be considered valid not just where it was performed, but also under BC law. This is typically not an issue as BC broadly recognizes marriages that were valid in the place where they occurred. However, exceptions do exist, so it’s crucial to confirm this.
Subsequently, you must demonstrate that your marriage has broken down. This can be shown through a year-long separation, adultery, or mental or physical cruelty.
Jurisdiction Considerations in Divorce
Once you’ve confirmed your eligibility for divorce in BC, it’s crucial to understand the role of jurisdiction in the process, particularly if your spouse resides abroad. Jurisdiction refers to the legal authority the BC court has over your divorce case and it’s primarily determined by the place of residence.
- You or your spouse must have lived in BC for at least one year before filing for divorce.
- Even if your spouse lives abroad, BC courts can still process your divorce if you meet the residency requirement.
- If your spouse lives outside Canada, special rules apply for serving divorce papers.
Recognizing Foreign Divorce in BC
Understanding how BC recognizes foreign divorces is crucial if you’re considering getting a divorce in this province after a marriage abroad. BC will generally recognize this under specific conditions if you’ve divorced elsewhere.
To start with, you should have been an ‘ordinary resident‘ in the jurisdiction where the divorce was granted for at least a year prior.1 This means you lived there in a routine manner, not just as a visitor or temporary resident. It’s not about your citizenship, but about where you’ve established your life.
In R.N.S. v. K.S., the court of appeal noted that the respondent must have a real and substantial connection with the country where the divorce is filed. A failure to find a real and substantial connection between the respondent and the state results in the divorce order not being recognized in BC.
The foreign divorce must have been legally granted according to the laws of that jurisdiction. Official documents, such as a divorce decree, are usually required to validate this.
However, there are exceptions. For instance, BC may not recognize your foreign divorce if it contravenes public policy, like if the foreign court didn’t have proper jurisdiction or if due process wasn’t followed.
Annulment Validity in BC
If you’ve had your marriage annulled abroad, it’s important to know whether this annulment will be recognized in BC. Just like divorce, annulments valid in the jurisdiction where they were granted are typically recognized in BC. However, there are nuances and exceptions that you need to be aware of.
Here are some key points to consider:
- Annulments granted by religious authorities may not be recognized.
- The annulment must be legal in the jurisdiction where it was granted.
- The reasons for the annulment should be compatible with the principles of Canadian law.
While BC respects other jurisdictions’ legal decisions, it doesn’t mean all annulments will be recognized. If the annulment was granted for reasons incompatible with Canadian law, or if the process didn’t respect the principles of natural justice, BC may not recognize it.2
It’s important to understand that an annulment isn’t the same as a divorce. An annulment declares a marriage null and void as if it never happened. In contrast, a divorce acknowledges that a valid marriage has ended. Understanding these differences can help you navigate BC’s complex world of international marriage and divorce laws.
Does Getting Married Abroad Complicate the Divorce Process in British Columbia?
Getting married abroad can introduce complexities to the divorce process british columbia residents may face. While international marriages are recognized, factors like jurisdiction, legal documentation, and differing laws in the marriage location can create challenges. It’s crucial to consult a legal expert to navigate these issues and ensure a smooth resolution.
Seeking Legal Advice on Divorce
Navigating the intricacies of international marriage and divorce laws in BC can be daunting, and that’s precisely where Spectrum Family Law can offer invaluable assistance. With a deep understanding of BC’s divorce laws and the complexities of international divorce, they can guide you through the process, ensuring all legal requirements are met.
Firstly, they’ll help you establish your eligibility for a BC divorce, which requires proving that you’ve been an ordinary resident in BC for at least a year. This term isn’t directly defined in the Divorce Act, but it’ll help you understand if your life’s routine meets this criterion.
Next, they’ll assist with initiating proceedings, even when your spouse resides overseas. This involves filing a Notice of Family Claim with the court and serving it to your spouse, which can be tricky in international cases.
Spectrum Family Law will also provide advice on issues like spousal support, property division, child custody, and access, ensuring your rights are protected throughout the process. So, if you are married abroad and are now seeking a BC divorce, don’t hesitate to seek their expert advice.
Frequently Asked Questions
What Are the Specific Considerations for Same-Sex Marriages and International Divorces in BC?”
For same-sex marriages performed abroad, BC recognizes them if they were legal in the place they occurred.
If you’re seeking a divorce, the same rules apply as for any other couple. You’ll need to have lived in BC for at least one year.
It’s always best to consult with a lawyer to ensure you meet all requirements and navigate the complexities of international divorce laws.
If I’m a Canadian Citizen but Got Married Abroad, Do I Still Have to Prove the Validity of My Marriage in BC Before Filing a Divorce?”
Yes, you’ll need to prove the validity of your marriage in BC before filing for divorce, even if you’re a Canadian citizen who married abroad. BC recognizes marriages that were valid in the place they occurred. You can usually prove this with a marriage certificate.
Remember, you must also meet BC’s divorce requirements, including residency for at least one year.
Always consult with a family lawyer for guidance tailored to your situation.
What if My Spouse and I Got Married in a country where our marriage is legal, but it’s Not Recognized as Valid in BC? Can We Still Get a Divorce Here?”
If you and your spouse got married in a country where your marriage is legal, but it’s not recognized in BC, it’s a bit complex. BC typically recognizes marriages that are valid in the place they occurred. However, exceptions exist.
It’s important to consult a legal professional to understand your situation. You can file for divorce in BC if your marriage is deemed valid, provided you meet the residency requirements.
Are There Any Exceptions to the One-Year Residency Requirement for Divorcing in BC if the Marriage Took Place in Another Country?”
Yes, a few exceptions exist to the one-year residency requirement for divorcing in BC. If you’re able to prove that you’ve established a significant connection to BC or if there’s an emergency like abuse, you may bypass this requirement. However, it’s not common and you’d need to present a strong case.
It’s best to consult a family lawyer to understand your specific situation.
Can I Apply for a Divorce in BC if My Spouse Is the One Who Meets the Residency Requirement but I Don’t?”
Yes, you can apply for divorce in BC even if you don’t meet the residency requirement. As long as your spouse has lived in BC for at least a year, you’re eligible to file for divorce there. It doesn’t matter if you’re currently living elsewhere.
However, you’ll need to meet all other BC divorce requirements. It’s best to consult with a family lawyer in BC to guide you through this process.
Conclusion
In sum, navigating a BC divorce with a marriage conducted abroad can be complex. Understanding the validity of your foreign marriage, meeting BC’s divorce eligibility, and grappling with jurisdiction issues are all essential steps.
Another layer to consider is the recognition of foreign divorces and annulments in BC. Seeking professional legal advice can help clarify this process, empowering you to make informed decisions during this challenging time.
References
- Divorce Act, RSC 1985, c 3 (2nd Supp)
https://canlii.ca/t/566hk ↩︎ - Family Law Act, SBC 2011, c 25
https://canlii.ca/t/566g8 ↩︎
3. R.N.S. v. K.S., 2013 BCCA 406 (CanLII)
https://canlii.ca/t/g0tpp
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Madison Lussier
FAMILY LAWYER
Assisting clients through some of the most challenging times in their lives has shaped Madison’s empathetic, professional, and trauma-informed approach to advocacy. Although she now specializes exclusively in family law, her confidence in the courtroom is largely derived from her previous experience in criminal defence.
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