My husband and I have been married for 10 years and we have just discovered that the navy chaplain who conducted the ceremony wasn't licenced to perform marriages. Do we have to remarry?

No. The fact that you and your husband have lived for so long as a married couple indicates that you married in good faith. If you wish, you can apply to court to have your marriage declared valid.

Marriage

Can you still be classified as common-law if you're still legally married? (by W of Delta, BC)

My husband and I were married in the state of Washington, however we are Canadian citizens and have always resided in British Columbia. We now wish to divorce. Is our marriage recognized in Canada? (by B of Cyberspace, BC)

I left BC in 1988, and have been living in Taiwan for the greater part of 15 years. In 1995 I became engaged to a Taiwanese woman. I decided I didn't want to marry, but agreed to attend an "Engagement Banquet" so that she could save face. At the banquet there was no wedding license, no one to perform any ceremony, and we never registered a wedding afterwards. There were no vows, and no signatures. Two and a half years later, when I decided to end our stormy relationship, she informed me that we had been legally married! After consulting several lawyers, I discovered it was true. How can I get the marriage voided in Canada? (by R of Taipei, Taiwan)

I have recently had a forced arranged marriage and I really want to get out of it. I would like to have an annulment, due to my traumatic circumstances of marriage. What can you offer me for advice? I'm extremely frustrated. I'd also like to know the estimated costs if I were to obtain a lawyer to deal with my matter. (by M of Vancouver, BC)

Exactly what are the financial obligations that marriage brings? (by A of Vancouver, BC)

My common-law partner and I want to get married in Las Vegas, but we also want a proper ceremony here in Vancouver. Do we have to "renew our vows" once we want to get married here, or can just have a traditional ceremony with the signing of the license etc? We want the second wedding to be the "official" one. (by K of Vancouver, BC)

I have been dating my grade school sweetheart. We are getting pretty serious with each other. I would like to marry her but I have some concerns. She is on social security disability, and I do not want her to lose any of her benefits for her and her girls because I want to marry her. I know that we have the common law marriage thing. We both would like to have a ceremony of some sort, and want to have some options of what we can do. (by K of Cyberspace, SC, USA)

Can you please tell me exactly what the degrees of consanguinity are? How close in relation can two people be to still have a legal marriage? (by X of Vancouver, BC)

My fiance and I recently went to our priest to fill out some forms prior to getting married. One of the questions asked if we are related by a valid marriage, my fiance answered "yes" as his uncle married my aunt. The priest said he has to look into that. Does that mean there is a possibility we cannot get married? (by M of Delta, BC)

Am I legally married if I was married in Las Vegas, Nevada but neglected to register my marriage in Canada? (by J of Gibbons, AB)

Remarriage

I have been granted an order of divorce in B.C. on November 21, 2003. It will take effect on December 23, 2003, 31 days later. I am planning to go to Cairo in the beginning of 2004 to remarry. In Egypt, a woman, no matter what nationality she is, must be divorced for 3 months prior to obtaining a civil marriage. Does my 3 month waiting period start from the day I was granted the order in court or does my 3 month wait start 31 days after the order? (by M of Chilliwack, BC)

My friend married a fellow two days ago, but her divorce isn't going to complete for another week. Is there any problem to register her marriage? Does the date she applied for the divorce make a difference? (by K of Cyberspace, BC)

How soon after divorce I can remarry? (by S of Toronto, ON)

My husband and I seperated last year. On the anniversary of our separation, my lawyer will file my divorce papers with the court. She said that I shouldn't plan on remarrying for at least 3-5 months, because that is how long it takes to get the official divorce documents mailed out to me. If a state, like Nevada. just wants the date your divorce becomes final and what city it was filed in, can my current fiance and I get married there without waiting up to 5 months for the official divorce documents? (by L of Cyberspace, BC)

1. How long do I wait to get a divorce paper after I divorce my partner? 2. How long do I have to wait after divorce to remarry? 3. Is it allowed in law to remarry my ex spouse after divorce? (by T of Brampton, ON)

Bigamous Marriages

A lady friend of mine, an Indian citizen, got married to a Canadian Citizen. They had a child. After the child’s birth, we came to understand that this person is already married and has children from that relationship? How can we get this fraud man to book, and get justice to my friend and her kid? (by K of Dubai, UAE)

My estranged husband has informed me that he was already married when he married me. This apparently happened in Alberta just prior to his meeting me. My question is this: how do I find out if he was indeed married at the time of our marriage? Where do I go to find this information? (by M of Sidney, BC)

Engaging ... and Disengaging

I began dating my girlfriend right after she separated from her husband. We want to get married, and I already have the ring and would like to propose to her. The only problem is, I would have to ask her to marry me before her divorce is final. Is it ok to do this? (by G of Raleigh, NC, USA)

My boyfriend asked me to marry him. He broke our engagment. Now he is telling me if I do not return the ring he is going to sue me in court. Can he do this? I flushed it in anger. (by S of Cyberspace, BC)

I'm separated from my wife but in a new relationship. Do I have to wait until I'm divorced before I propose to my new girlfriend? (by Q of Vernon, BC)

My wife and I separated a couple of months ago, but we had sex last weekend. Are we still considered separated?

As long as you are living in separate homes, this will not affect your status as separated. If you live under the same roof, this may jeaopardize the legal requirement that you live "separate and apart" from one another.

My husband and I are separated but we still eat together and have sex every now and then. I wish to get a divorce on the ground of separation for a period of at least a year. Will this be a problem?

This might be a problem. The case law says that the test for separation is not only physical separation but the destruction of the matrimonial relationship. Even though you are living apart, the court may consider that you have nonetheless maintained your marriage.

I have been separated from my spouse for 2 years. I am thinking of purchasing a home and we have not legally separated. I do not wish to pay for a separation or divorce. Does "permanent separation" apply in BC like it does in some states? (by D of Nanaimo, BC)

Is it still adultery if a separation agreement has not been reached yet, or is the marriage over at a certain time during the separation? (by B of Stayner, ON)

I would like to know if me and my husband are still have sex and sleeping at each other's house about 3 times a night, can we still get a divorce? (by S of Cyberspace, BC)

I have been separated from my wife for 3 years now. We live in separate homes, have a separate life. We did not get a divorce yet or a separation agreement. Last year I moved it with my girlfriend. Is it legal to have a common law spouse while I'm still married? Is it legal to declare my girlfriend as common law spouse in this case? (by M of Toronto, ON)

What is the difference between a legal separation and divorce? I have been told that once a legal separation aggreement has been signed and 2 years has passed, the couple is no longer married and they do not have to file for divorce. Is this true? (by W of Victoria, BC)

My husband and I just recently separated and he has filed in supreme court of BC for the marriage to be done and over with quickly. He has suggested that he and I are now "legal separated" and can start dating other people. Is this true? and is there a time alotted for when one can start dating once each partner has separated? What are the consequences of dating during a separation? (by M of Cyberspace, BC)

My husband is a long haul driver he is home only a few weeks a year. I don't share the same bedroom when he is home. Can that be used as a year's separation? (by M of Chilliwack, BC)

Does BC recognize a virtual separation? (by M of Chilliwack, BC)

My husband and I are separating, and we don't have any children or property. Do we still need to sign a separation agreement that could be used as an official document? (by T of Burnaby, BC)

My husband has agreed with me that it is time to seperate but beyond that won't talk about how we go about it. He just keeps saying "take care of it." What do I do? (by J of Vancouver, BC)

My husband and I have been legally separated for two years and have been living together the past two years. We want to legally confirm our continuing relationship. Do we have to get remarried or renew our vows? (by R of Coquitlam, BC)

My husband and I separated thirteen months ago, but we reconciled and lived together for two months until we finally decided we couldn't make it work. Can we still get a divorce based on separation of not less than a year?

No, you can't, at least you can't right now. You'll have to wait until you have been separated for a full year since the last time you and your husband reconciled. Section 8(3)(b)(ii) of the Divorce Act says that you can reconcile and not interrupt the one year, but you can only reconcile for 90 days in that year.

We separated a couple of years ago and want to resume married life. Is there anything we have to do to get back together?

No, nothing at all. Since you didn't get a divorce, you're still married. Go ahead, move back in together!

My wife and I have been legally separated for many years. We want to reconcile our marriage (legally)and are wondering how be would go about this process? Can you please advise how we would go about doing this? (by L of Abbotsford, BC)

I have sued my husband for a divorce based on separation. In is counterclaim he has sued me for a divorce because I had an affair during our marriage. Will we have to deal with this in court?

In general, the court will not concern itself with what used to be called "marital offences," such as your adultery. Given the choice, and assuming that a year has passed, the court will likely prefer to grant the divorce based on separation rather than adultery. If this is the case, evidence concerning your adultery does not need to be head with respect to the application for a divorce order. It might arise in other contexts, however, so be prepared to deal with the issue.

My husband was commiting adultry in our marriage. Now he is bringing her around our children on thier outings and having her overnight when they are there. Is there any way i can legally get a restraining order or charge her? (by C of Abbotsford, BC)

I was married in Ontario 4 years ago. My husband and I are BC residents. Can we do a BC divorce or do we do an Ontario divorce? (by J of Vancouver, BC)

Legally speaking, what can happens if a married man that has moved out of the house for a period of almost 2 years moves in with a girlfriend? Is this adultery and grounds for divorce? Can the wife take him to the cleaners? (by L of Ottawa, ON)

I'm a Canadian citizen living in Korea, and I'm seeking a divorce from my wife here, who refuses to grant it to me. The marriage is legal in both countries, since it was processed through the Canadian Embassy in Seoul. Is it possible that she can keep me chained to a marriage that I don't want to be in? (by S of Seoul, Korea)

I currently live in BC and have for more than 2 years. My wife and 2 children reside in Alberta and have been there for approx. 11 months. Where do I file for divorce, BC or Alberta? Under which court must I file, Provincial or Federal? As well, if my wife and I sign a Separation Agreement and I would like to have it filed, which province and court do I file it in? (by R of Prince George, BC)

I have recently moved to the UK with my new partner, my husband resides in BC where we were married. We have been separated for 7 years. Where do we divorce? (by H of London, England)

What is required to sue for divorce on grounds of adultery? (by N of Grand Forks, BC)

How do you get a divorce if you are American citizens who married in Canada but have returned to the US? Our son lives in Oregon and we don't know where his wife lives. (by R of Gresham, OR)

I would like to know if I can include this as my reason for wanting the seperation. My husband had given me a sexually transmitted disease when I was pregnant with our second child. Can this be included in my reason for wanting the seperation? If not, why? (by C of Inuvik, NT)

My friend is wanting to divorce her husband. She has been sleeping in a seperate bed for about 6 months and has not had sex with him for about 7. Can these dates be used as commencement dates for a one year seperation? (by M of Calgary, AB)

I am married to a man from New York. I want a divorce. Do I have to go there and get it because I was married there and the marriage licence was purchased there? Do I have to go by USA divorce laws because I was married there or can I divorce in Canada without him knowing it? (by S of North Bay, ON)

If a wife and husband are married from 1995, and then were separated for two years 2001-2003, and then reconciled and started to live together again in 2004, from which moment they are considered to be married, from 1995 or 2004? (by A of Vancouver, BC)

Is it possible to get a divorce before the other issues are dealt with? (by C of Cyberspace, BC)

My husband and I have never had sex. Can we get a divorce now or do we have to wait for us to have been separated for one year? (by A of Vancouver, BC)

My husband asked me for a divorce and we have been amicably seperated for several months. We will be seeking an uncontested divorce once our year is up. I am involved with someone else, who's buddy has told him that my new partner can be sued by my ex for "breaking up his marriage". Is this true? (by B of Burnaby, BC)

I have recently seperated from my husband and have started a new relationship. My ex found out about this new relationship is saying that he can take my children from me, refuse me sposal support and whatnot on the basis that he believes I had an affair during the marriage, is this true? (by J of Red Deer, AB)

How can I deal with custody issues when I know my husband has alcoholism? Can I use his alcoholism to get a divorce on the ground of cruelty? (by J of Kamloops, BC)

After dating for only two weeks, my girlfriend and I decided it would be great to be married. We have now been married for 5 weeks and I now realize how irresponsible it was to rush into marriage. I am wondering if we might be able to get an annulment or if we will need to get a divorce? (by R of Langley, BC)

I have been married 12 years. I seperated from my husband because he became abusive towards me and started binge-drinking. I found out a month afterwards that he had started an affair with my best friend. They say they only kissed but didn't have intercourse until about a month later. They say this is not adultery; is it? Secondly, this woman was my dearest friend. Can I charge her with anything? (by C of Nanaimo, BC)

My husband and I seperated last year. On the anniversary of our separation, my lawyer will file my divorce papers with the court. She said that I shouldn't plan on remarrying for at least 3-5 months, because that is how long it takes to get the official divorce documents mailed out to me. If a state, like Nevada. just wants the date your divorce becomes final and what city it was filed in, can my current fiance and I get married there without waiting up to 5 months for the official divorce documents? (by L of Cyberspace, BC)

My wife (Canadian) and I (German) got married in Ontario in 1985 and we lived in Vancouver for many years. In 2001, I took a job in Nigeria and the whole family moved to Lagos. Last year, we moved on to Nairobi in Kenya. At the beginning of this year, my wife and I agreed to separate amicably. She wants to stay in Nairobi (so our oldest child can finish school there) while I still have a residence in Nigeria. How long do we have to wait until we can get a divorce based on BC law? (by R of Vancouver, BC)

This is more of a history question as I am working on my family tree. A family member was deserted by her husband in 1907. She re-married 14 years later citing "Widow" on a marriage license of 1921. Isn't there a desertion clause that when one party deserts and is gone for over 7 years, then you are considered divorced automatically? (by K of North York, ON)

I am the one that has commited adultery. Can I file for divorce on the grounds of adultery? Do I have to prove it somehow? How long does it take to get a divorce on such grounds? (by D of Kamloops, BC)

My application for a desk order divorce was sent back to me by the court registry. What do I do now?

The court registry will "bounce" desk order applications for any number of reasons, from a timing error to a defect in how you've drafted the materials. When they bounce an application, they will usually attach a note to the front of the materials explaining their concern. Read the note, follow the instructions to fix the error and resubmit the documents; make sure you attach their note to the corrected materials! There will be no additional filing fee.

I am proceeding alone for a desk-order divorce. Once I register and file my divorce papers, do I have a specific time limit to serve my spouse with the papers? (by P of North Vancouver, BC)

Once I have served my spouse the divorce papers, what would happen if he ignored them and did not respond to the document's instructions appropriately? Will my divorce be automatically granted? (by P of North Vancouver, BC)

Once I have registered and filed my divorce papers with the registry office, will they immediatley give the papers back to me to allow me to serve my spouse or is there a waiting period and do I have to go back at a later date to get them before they can be served? (by P of North Vancouver, BC)

What are the costs for filing for separation and divorce if you are doing it yourself? (by T of Port Coquitlam, BC)

If my spouse files for divorce and everything is done but, they refuse to send in the desk order what can I do to finalize the divorce? Do I have to file for sole divorce? (by A of Vancouver, BC)

My spouse filed for divorce as a sole applicant over two years ago, but has not sent in the desk order. Is there any kind of time frame the initial action must be comlpeted by? What if any are the consequences of not completing the divorce action? (by A of Port Moody, BC)

If a couple has been separated for over eight years and there are no children or assets to divide and one party cannot be located; how can the other party obtain a divorce? (by K of Cyberspace, BC)

I was granted a divorce in BC about two years ago. Recently my ex contacted me, he lives overseas, and requested a divorce certificate. At the time of the divorce I didn't pick up my divorce order. Is it too late to pick it up normally or is there now a different process to go though? Did I mess up the finalization by not picking up my order in a timely way? (by M of Vancouver, BC)

I have been separated from my wife for 13 months and wish to apply for a divorce. While she won't contest it, she will not start it on her own. My problem is I am currently out of the country. Can I start the proceedings without returning to BC? (by S of Cyberspace)

I've been separated for 3 years now and I would like to file for an uncontested divorce but I can not seem to find my ex or any of his relatives and besides I not even have a picture of him. If I can not find him, will they still grant me the divorce? How do I know if he has already filed and the divorce is already effective? (by M of Vancouver, BC)

I know that I can not serve the papers on my husband, but can anyone else? Can it be a family member of mine or does it have to be someone else? (by K of Maple Ridge, BC)

I was married in BC and have moved to Alberta. I have not lived in Alberta for one year yet so I understand I can't file here. I have had the documents done up to be filed in BC but my ex (who still resides in Vancouver) will not go to the court to file them. Can I give permission to a friend or family member to file them for me? I cannot go to Vancouver myself. (by A of Canmore, AB)

What to I do when the desk order joint divorce application is rejected by a judge? What we do next? Should we both book an court appointment and appear in court to clarify? Are there any documents that we should prepare beforehand? (by A of Vancouver, BC)

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