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Difference between revisions of "Requirements for Divorce and Annulment"

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{{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-de-wit/ Samantha de Wit], Brown Henderson Melbye and [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation|date= October 2018}} {{Dial-A-Law TOC|expanded = divorce}}
{{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-de-wit/ Samantha de Wit]|date= April 2020}} {{Dial-A-Law TOC|expanded = divorce}}
A '''divorce''' is a court order ending a valid marriage. '''Annulment''' is a court order declaring a marriage to be invalid. Each order is granted only if certain requirements are met.  
A '''divorce''' is the legal process that ends a valid marriage. It’s different from an '''annulment''', which is a court order declaring a marriage invalid. An order for a divorce or an annulment is granted only if certain requirements are met. Learn about the requirements to get a divorce or annulment.


==Understand your legal rights==
{| class="wikitable"
|align="left"|'''Alert!'''
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing changes to the ''Divorce Act''] that took effect on March 1, 2021.
|}


===Married spouses need to divorce to end their legal relationship===
==What you should know==
A '''divorce''' is a court order under the ''[http://canlii.ca/t/7vbw Divorce Act]'' that ends a valid marriage. Only married spouses can get a divorce; unmarried spouses cannot and do not need to divorce. Their relationships end when they separate.


Some religions allow for religious or ritual divorces. These divorces do not legally end a marriage. In law, you and your spouse remain married until a court makes a divorce order.
===Divorce ends a valid marriage===
Canada’s divorce law is called the [http://canlii.ca/t/7vbw ''Divorce Act'']. Under it, a court order for '''divorce''' ends a valid marriage. Only '''married spouses''' can get a divorce. Unmarried spouses can’t, and don’t need to.


A married spouse will need to get a divorce order if they ever want to remarry.
Some religions allow for religious or ritual divorces. These divorces don’t legally end a marriage. Under Canadian law, you and your spouse are married until a court makes a divorce order.
 
To remarry, a married spouse first needs to get a divorce.


===The grounds for getting a divorce===
===The grounds for getting a divorce===
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