New Practice Direction Issued on BC Divorce Procedures Under Civil Marriage Act

November 6, 2013

On October 28, 2013, Associate Chief Justice Cullen issued Practice Direction 43: Civil Marriage Act – Procedures for Divorce. It took effect the same day.

PD-43 sets out the procedural requirements for a non-resident same sex couple who married in British Columbia, to obtain a divorce under the Civil Marriage Act. Part 2 of the Civil Marriage Act sets out the substantive requirements for a divorce.  PD-43 establishes a desk order process. The Divorce Act and provisions for corollary relief do not apply, nor can a proceeding for relief under the Family Law Act be joined with a desk order application for divorce under the Civil Marriage Act.

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