The Risks of Circumventing Legal Divorce Requirements
Divorce, a significant legal step in the lives of many, is governed by strict laws and guidelines. In Canada, the federal Divorce Act outlines the grounds for a legally acceptable divorce, which includes separation for at least one year, adultery, or physical or mental cruelty. However, what happens when couples attempt to subvert these legal requirements for a quicker resolution? A case overseen by Justice Geoffrey B. Gomery of the Supreme Court of British Columbia provides a cautionary tale.
The Case of False Declarations for a Quick Divorce
In 2005, a couple, following a heated argument and while still cohabiting, falsely declared they had been separated since October 2003 to expedite their divorce process. This declaration was a direct contradiction to the legal requirement of a one-year separation. Two decades later, during family court proceedings for the division of property and spousal support, this lie was uncovered.
Related: How Long Does Divorce Take in Canada?
Consequences of the Fraudulent Divorce
Justice Gomery ruled the 2005 divorce was obtained fraudulently, stating the couple had colluded to present a false narrative to the court. This deception not only rendered the divorce order void but also complicated the subsequent legal proceedings regarding their actual separation in 2017.
Implications for the Division of Assets and Spousal Support
The voided divorce significantly impacted the division of assets and spousal support, as the couple’s relationship was deemed continuous, disregarding the 2005 divorce. Ultimately, the husband was ordered to pay a substantial amount to the wife for the unbroken duration of their 15.5-year relationship.
The Ongoing Marital Status and Future Legal Hurdles
Despite their prolonged separation, the couple remained legally married. Justice Gomery refrained from granting a new divorce, advising them to reapply using their actual separation date in 2017. However, the couple now faces the challenge of addressing their previous perjury, which could potentially attract severe criminal consequences under the Criminal Code.
Related: If I Have Been Separated for a Long Time, Am I Automatically Divorced?
Key Takeaways
This case underscores the importance of adhering to legal requirements in divorce proceedings. Attempting to circumvent these laws can lead to complex legal challenges and potential criminal charges. It’s crucial for couples considering divorce to seek proper legal advice and to approach the process with honesty and respect for the law. This ensures a smoother, more straightforward resolution and upholds the integrity of the legal system.
Need Legal Assistance? Contact Fine & Associates
At Fine & Associates, we understand the complexities of divorce law. Our team of experienced attorneys is here to guide you through the legal process, ensuring compliance with all necessary requirements. Contact us today for expert legal advice and representation in your divorce proceedings.