16 January 2011

New Random Answers to Random Search Terms

I haven't done a Random Answers post for awhile, but this week's search terms were inspiring. Click on the tag at the end of this article to read older posts.

Separation

>> remarrying after common law separation

Go right ahead and get married. Common-law couples aren't legally married, and you don't need to get a divorce before entering into a new long term relationship or getting married.

Separation Agreements

>> who can witness the signing of a separation agreement

Anyone who is 19 or older and sane, and not the other party to the agreement.

>> how many copies of the separation agreement are required in bc

Only one original copy is absolutely necessary, however it's sometimes helpful to have additional copies in case you need to file the agreement in court for enforcement purposes. Normally, each party would have one original copy and each lawyer would have one original copy, for a total of four copies. I usually make an extra original copy so that I can file one in court and still have an original copy for my records, making a total of five copies.

>> difference between separation agreement and divorce

A separation agreement is a contract recording the settlement of the issues arising when a relationship breaks down. A divorce is a court order legally terminating a marriage. You must get an order to be divorced, you can't be divorced by a separation agreement.

Divorce

>> why is there a 31 day waiting period in a divorce case

This search term is about the 31 delay between the date the court makes a divorce order and the date the divorce order takes effect. The delay is required in order to allow the appeal period to expire before the couple are actually divorced. If there is an urgent reason for the divorce to take effect earlier than the end of the appeal period, the court making the divorce order can specify that it will take effect sooner. The court may require both spouses to execute Certificates of No Appeal.

>> does having sex with the person you just divorced make the divorce void

Nope. Go for it.

Litigation

>> what happens if you respond late to a family claim in bc supreme court

In theory, someone who doesn't reply to a Notice of Family Claim within the 30 day period prescribed by Rule 4-3(1) of the Supreme Court Family Rules is not a "respondent" as defined by Rule 1-1(1) and isn't entitled to notice of any further step in the case, including the trial. Although this sounds pretty Draconian, the court will allow a respondent to file a Response to Family Claim late and will usually allow an application to set aside a default judgment as long as the respondent had a good reason for not responding.

>> can judges make rulings at provincial court case conference

Yes. Under Rule 7(4) of the Provincial Court (Family) Rules, the judge hearing a Family Case Conference can (b) decide any issues that do not require evidence, (f) make an order to which all of the parties consent and (n) make any other order or give any direction that the judge considers appropriate. The court will not usually make any orders except procedural orders without the parties' agreement.

>> can a cpl be registered in bc provincial court

No, but they can't be registered in the Supreme Court either. Certificates of Pending Litigation are registered with the BC Land Title and Survey Authority.

3 comments:

  1. How long is the CPL valid before a court litigation process takes place.

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  2. Where do I find the "Certificate of No Appeal"?

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    Replies
    1. A Certificate of No Appeal isn't a prescribed court form. The ones I've prepared in the past use the style of cause of the case and say "In the event a judgment granting a divorce is rendered, I, ___________ , the undersigned, agree and undertake that no appeal from the judgment will be taken.", with the a space for the party to date and sign the document below.

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