Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

I am attempting to do a notice of family claim in BC for an…

Customer Question
I am attempting to...

I am attempting to do a notice of family claim in BC for an annulment on the basis that my wife was separated but not divorced in the US at the time of marriage. I am wondering what legal basis I can use? The federal civil marriage act 2.3 states that all previous marriages must be dissolved. The Provincial family law act however does not say anything as it discusses divorce proceedings, not legality of entering into marriage in the first place.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Bc

Lawyer's Assistant: Have you talked to a lawyer yet?

Legal aid

Submitted: 7 months ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 7 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 2 minutes by:
11/21/2017
Lawyer: Debra, Lawyer replied 7 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,523
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 7 months ago

This is not about the provincial Act. It is about the Federal Act. The marriage is not valid as your spouse was not legally free to marry. In fact she committed bigamy.

Does that fully answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask Your Own Canada Law Question
Customer reply replied 7 months ago
but the provincial act is responsible for the process in getting an annulment. So do I cite the federal act as my basis for a provincial case?Regarding your comment regarding "the marriage is not valid"? If so how do I produce legal proof of this without getting an annulment?
Lawyer: Debra, Lawyer replied 7 months ago

You prove that your spouse was still married when you and she went through the marriage ceremony.

You cite the Marriages Act.

Ask Your Own Canada Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,523
105,523 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

105,523 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

239 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I am having a hard time with my subject in school about
I am having a hard time with my subject in school about Family Law. Is that something that you guys can help me with? … read more
Debra
Debra
Lawyer
105,523 satisfied customers
In 2011, I was married in a civil ceremony in Ontario,
Hello, In 2011, I was married in a civil ceremony in Ontario, Canada. A few weeks after the Record of Solemnization of my marriage was submitted, I received a phone call from someone from the governme… read more
Debra
Debra
Lawyer
105,523 satisfied customers
I am a Canadian citizen and resident of BC. My wife is a USA
I am a Canadian citizen and resident of BC. My wife is a USA citizen and resident of California. We would be considered tourists in each others country. We have 2 kids. My daughter is living with my w… read more
Debra
Debra
Lawyer
105,523 satisfied customers
Im getting my marriage annulled due to bigamy (my former spouse
I'm getting my marriage annulled due to bigamy (my former spouse committed bigamy). The evidence is air tight - no divorce certificate , his wife admits to no divorce through her lawyer, he admits no … read more
Debra
Debra
Lawyer
105,523 satisfied customers
Are the laws the same for each province. Meaning if I find
Are the laws the same for each province. Meaning if I find a case in BC, can that be applied in Ontario? Or do all provinces have their own rules and laws.… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I was married in British Columbia on December 22nd, 1972, without
I was married in British Columbia on December 22nd, 1972, without a marriage contract. What would have been the matrimonial regime at that time.Is it separation of property only or separation of prope… read more
Tom B.
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
2,263 satisfied customers
I am in BC, Canada. My wife (American) has left to the US
I am in BC, Canada. My wife (American) has left to the US and is not returning. I want to know how to process a Divorce as quickly as possible, this will be on the basis of Adultery. I have text messa… read more
Tom B.
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
2,263 satisfied customers
I was married in an arranged marriage in India in 2008 and
I was married in an arranged marriage in India in 2008 and sponsored my wife to live with me here in BC. She arrived within 6 months as my sponsorship for her permanent residence was accepted by immig… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,180 satisfied customers
Either the Family Law Act or the Divorce Act Ont, states there
Either the Family Law Act or the Divorce Act Ont, states there is a six year limit to making a claim, without getting leave from the court. Please explain to just what this pertains.… read more
Debra
Debra
Lawyer
105,523 satisfied customers
I am seeking an anulment lawyer. I was married to a US citizen
I am seeking an anulment lawyer. I was married to a US citizen in December 2007. He lives in the USA, New Jersey. I am a citizen and resident of Canada. At the time of our marriage I was suffering wit… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,478 satisfied customers
ive been married for only a month and want a divorce, how do
ive been married for only a month and want a divorce, how do i go about that? we have never lived together and he is an american citizen living in the US.… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,478 satisfied customers
If I got married in Las Vegas, is it legal in Canada What
If I got married in Las Vegas, is it legal in Canada? What steps do I need to take, to get a divorce? Got married in 2001… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,180 satisfied customers
i am not getting my visitations yet im paying support for my
i am not getting my visitations yet im paying support for my daughter. my ex had two children from another marriage when we got together. we ended after six years with a daughter together. the ex wont… read more
Debra
Debra
Lawyer
105,523 satisfied customers
I want to anul my marriage but dont know how,, i was married
I want to anul my marriage but don't know how,, i was married for a tottal of 30 days before i left, we were drunk when we did it, we have been seperated for 6 months and never lived together at all s… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,180 satisfied customers
Hello, We live in British Columbia. We need to get an annulment
Hello, We live in British Columbia. We need to get an annulment because we got married before her divorce was finalized. Anyone out there familiar with annulment? Thanks. dan… read more
Debra
Debra
Lawyer
105,523 satisfied customers
i got married on february 2009 in vancouver, bc. my spouse
i got married on february 2009 in vancouver, bc. my spouse than went back to her home country in march and never came back. can we still get an annulment if we both agree on it?… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,180 satisfied customers
Does the Federal or BC Provincial governments provide legal
Does the Federal or BC Provincial governments provide legal assistance to a disabled person in a divorce?… read more
Debra
Debra
Lawyer
105,523 satisfied customers
I was married in the UK, Moved to Vancouver Canada and then ...
I was married in the UK, Moved to Vancouver Canada and then got divorced there. I have moved back to the UK but wanted to know if teh Divorce from teh Vancouver Courts is accepted in the UK? if so the… read more
CanLawyer
CanLawyer
Lawyer, mediator
Juris Doctor
276 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x