Open main menu

Clicklaw Wikibooks β

Changes

Divorce and the Law on Getting Divorced

2 bytes removed, 18:53, 19 August 2021
The divorce order
As we've already talked about, in order to get a divorce order, the court must be satisfied that:
#*the marriage legally exists;,#*at least one of the parties has been ordinarily resident in British Columbia for at least one year before the court proceeding began; , and,#*the ground on which marriage breakdown is claimed has been proven.
It must also be satisfied that there is no possibility of reconciliation, that adequate child support is being paid if there are children, and that there has been no collusion, connivance or condonation with respect to the application for the divorce order.
Once the appeal period has expired, either person may ask the court registry staff for a Certificate of Divorce. The certificate merely confirms that the spouses are divorced and doesn't say anything else about the reasons for the divorce or the other orders that were made along with the divorce order. It is, strictly speaking, not necessary to get a Certificate of Divorce as the divorce order itself is more than sufficient proof of divorce. Nevertheless, people often want this certificate:
#*to obtain a sense of closure;,#*because they expect to marry within the next couple of years; , or,#*to have proof they are divorced without having to disclose the other terms of their divorce order.
Most family law lawyers take care to prepare Certificates of Divorce nicely, in a format suitable for framing. For an overview of this process, go to the Helpful Guides & Common Questions section of this resource and read [[How Do I Get my Certificate of Divorce%3F]]. It's located under ''Marriage, Separation and Divorce''.
539
edits