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

Customer Question
annulment on the basis that...
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.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: bc
JA: Have you talked to a lawyer yet?
Customer: legal aid
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 24 days ago.Category: Canada Law
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Customer reply replied 24 days ago
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Customer reply replied 24 days ago
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11/21/2017
Lawyer: Debra, Lawyer replied 24 days ago
Debra
Debra, Lawyer
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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.

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Lawyer: Debra, Lawyer replied 24 days 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.

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Customer reply replied 24 days 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 24 days ago

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

You cite the Marriages Act.

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