BC divorce living abroad: Canadian to divorce Australian

Hi there,

Does anyone know the procedure for divorce (British Columbia)?

Married in 2006 in BC; have been separated since May 2008 in Australia.

According to the AG's website, you must have lived in BC for one year in order to divorce.

"The court will grant your divorce if you (or your spouse) have lived in this province for one year or more, and can demonstrate that your marriage has broken down."

We moved to Australia six months after our marriage. We meet the separation criteria but not the residency.

In addition, our marriage is not recognized in Australia as it is a same-sex marriage. So, if there is any sort of option to file here, it is now not possible as our marriage is not recognized by the Australian authorities.

Any help would be appreciated. I suppose I should really be talking to a divorce lawyer.

Thanks.

You're likely in uncharted territory with this one. First thing to do is contact the BC AG's office and seek a legal opinion as to whether the residency requirement can be waived, but even if it can be you'd have to seek divorce through a court in BC which may require you to physically appear at some point.

The second rather expensive option would be to seek judicial review in Australia and have your marriage recognized under Australian law. Which would cost a mint and be politically controversial.

Third option is to lobby to get the law changed either in BC or Australia, good luck with that one.

Technically your marriage isn't currently recognized so it only makes a difference if one of you moves somewhere where it is recognized. I don't know what the political situation is in Australia, but another option would be to simply wait until it is recognized and divorce then.

Thanks, Steve. Looks like a long road ahead...

im not sure abt the procedure.. but all the best with it