Best Marriage Lawyers in Burnaby

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Henderson & Lee Law Corporation

Henderson & Lee Law Corporation

Burnaby, Canada

Founded in 2011
10 people in their team
About UsHenderson and Lee Law Corporation, established in 2011 by Daniel Henderson and Cameron Lee, has a distinguished history of legal expertise,...
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About Marriage Law in Burnaby, Canada

In Burnaby, British Columbia, Canada, marriage is a legal contract between two people, regardless of gender or sexual orientation. Any two people 16 years of age and older, as long as one is not in a close blood relationship with the other, are permitted to marry. A couple should have a marriage license and must hold a ceremony in the presence of a celebrant and two witnesses.

Why You May Need a Lawyer

While getting married might seem straightforward, there are circumstances where legal advice can be incredibly useful. For instance, if either partner is from outside Canada and wants to get married in Burnaby, legal advice might be necessary to ensure proper documentation and visa processing. Legal advice can also be helpful to understand marital rights, obligations, prenuptial agreements, and estate planning, as well as for addressing conflicts concerning division of property, spousal support, and child custody in the event of a divorce.

Local Laws Overview

In Burnaby, a couple must first obtain a marriage license issued by the province of British Columbia. This license is valid for three months from the date of issue. The couple must also arrange for a Registered Marriage Officiant to perform the wedding ceremony. All marriages must be completed in the presence of two witnesses. In the case of divorce, Burnaby follows the Canadian law, which supports no-fault divorce, meaning neither spouse has to prove that the other spouse was at fault for the end of the marriage.

Frequently Asked Questions

Do I need a Marriage License to get married in Burnaby?

Yes, a marriage license issued by the province of British Columbia is needed.

Can I get a marriage license online in Burnaby?

No, the couple must go in person to a marriage license issuer to get a license.

Can a marriage be performed anywhere in Burnaby?

Yes, as long as the ceremony is performed by a licensed marriage officiant in the presence of two witnesses.

Does Burnaby recognize common-law marriages?

Yes, common-law marriages are recognized in British Columbia after a couple has lived together for two years.

What are the legal requirements for divorce in Burnaby?

A spouse can apply for divorce if the couple has been separated for at least one year, or if there is adultery or physical/mental cruelty.

Can a prenuptial agreement be signed after marriage in Burnaby?

Yes, these types of agreements, known as "marriage contracts" or "cohabitation agreements", can be signed before or after marriage.

Does a lawyer have to prepare a prenuptial agreement?

No, but it's advisable as the document must follow certain legal requirements to be valid.

How can spousal support be arranged in Burnaby?

Spousal support can be arranged by agreement between the partners or by a court order.

What is the procedure to change my name after marriage in Burnaby?

You can choose to use your spouse's surname after marriage without changing your official name. For a legal name change, you need to apply through the Vital Statistics agency of British Columbia.

What happens to property on divorce in Burnaby?

Generally, each spouse keeps what is in their name. What was acquired during the marriage and what was brought into the marriage are usually divided equally.

Additional Resources

The Law Society of British Columbia provides many resources for public legal information. Vital Statistics Agency of British Columbia provides information on marriages, name changes, and more. Burnaby Legal Information Services also offers free resources and legal clinics. Burnaby Family Life Institute provides counseling services which can be beneficial during marital issues or separations.

Next Steps

If you require legal assistance in marriage, you should seek advice from a lawyer specializing in family law. Ensuring that you understand all your legal rights and obligations before, during, and after marriage can help prevent conflicts and make any legal processes more straightforward. Most lawyers offer a free initial consultation that can help clarify your stand and plan the way forward.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.