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In Vancouver, Canada, federal laws govern marriage and divorce, while the province of British Columbia regulates the process of getting married. Individuals must be at least 19 years old, free to marry (i.e., not currently married to someone else), and not closely related by blood or adoption to get married. Both parties must be present at the wedding ceremony, which can be performed by religious officials or marriage commissioners licensed by the province. Same-sex marriage is legal in Vancouver and throughout Canada.
While many couples hope for problem-free marriages, legal complexities can arise. You may require a lawyer if you want a prenuptial agreement or a cohabitation agreement to protect your assets and support claims in case of a breakup. Legal advice may also be beneficial during a separation, when you need to navigate child custody, spousal support, property division, and divorce procedures. If you are marrying someone from abroad and immigration issues emerge, a lawyer's advice can be invaluable as well.
British Columbia's Family Law Act governs issues like spousal support and property division during separation. This law treats married couples and cohabiting couples equally. So, if you have lived with your partner for at least two years, you are entitled to similar rights as a married couple. The law considers family property, acquired during marriage and used for family benefits, to be shared equally among partners after separation. Any property owned before marriage remains individual unless used for family purposes. Child custody is decided based on the child’s best interests.
Yes. You don’t have to be a Canadian citizen or a resident of Canada to get married in Vancouver or anywhere else in British Columbia.
You need valid government-issued identification; both parties must be present to get the license, which is valid for three months.
You can use your marriage certificate to change your name on identification cards and other personal documents. Notary publics or lawyers can help with legal name changes.
Family property acquired during the marriage and used for the family's benefit is usually shared equally between partners upon divorce. The law can make exclusions based on unjust hardship.
Before filing for divorce in Vancouver, couples must be separated for at least one full year.
The British Columbia Ministry of Attorney General's Family Law in British Columbia website offers comprehensive information on family law matters. Family Justice Centers throughout Vancouver are available for free advice. Organizations like the Legal Services Society provide legal aid. Non-profit groups like Atira and Rise Women's Legal Centre can help women navigating family law issues on a free or sliding-scale basis.
If you require legal assistance, a crucial first step is finding a lawyer. Look for a legal professional specializing in family law, and ensure they are a member of the Law Society of British Columbia. Check their reputations and ask detailed questions regarding their expertise and charges. Legal aid may be a viable option if you cannot afford a lawyer. It's advisable to consult with a lawyer before making significant decisions that may impact you and your family's life.
