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No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
The Provincial Court of British Columbia (BC Provincial Court) is a trial level court in British Columbia that hears cases in criminal, civil and family matters. The Provincial Court is a creation of statute , and as such its jurisdiction is limited to only those matters over which is permitted by statute.
The Divorce Act [1] (French: Loi sur le divorce) is the federal Act that governs divorce in Canada. The Constitution of Canada gives the federal Parliament exclusive jurisdiction to regulate the law of marriage and divorce.
The rules of the Supreme Court of British Columbia provide for contested procedures, where parties do not agree on terms, and for uncontested divorces (also called desk order divorces) through streamlined procedures designed for spouses who agree on the terms for divorce orders and other relief. [115]
The Supreme Court of British Columbia upheld Canada's polygamy laws in a 2011 reference case. [45] [46] On March 9, 2018, the Supreme Court of British Columbia reaffirmed the constitutionality of Canada's anti-polygamy laws, [47] upholding the July 2017 polygamy convictions of Winston Blackmore and James Oler. [48]
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. [1] Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.
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