What is the basis for an order for divorce based on an incorrect date of marriage ceremony?

British Columbia, Canada


The following excerpt is from Tschudi v. Tschudi, 2007 BCSC 1639 (CanLII):

In my respectful opinion, the reasoning in Thynne v. Thynne is sound and ought to be followed. An order for divorce effectively dissolves the relationship of marriage, not the ceremony. The fact that the date of the ceremony indicated on the face of the divorce order is wrong does not call into question the validity of the order. The date of the ceremony shown on the order is in the nature of a recital rather than an operative part of the order.

I note, parenthetically, that Thynne v. Thynne also stands for the proposition that a court, within its inherent jurisdiction, is capable of amending a divorce order notwithstanding that there is no ability to appeal such an order, and notwithstanding that the error goes beyond what can be corrected under the slip rule. The parties ought, in this case, to seek an amendment to the divorce order to reflect the proper date of the dissolved marriage. I am unable to grant such an order today because I do not have the necessary parties in front of me. In accordance with the law as stated in Thynne v. Thynne and the earlier case of Hampson v. Hampson [1908] P. 355, it is probably necessary to seek an amendment of the Statement of Claim at the same time as an amendment of the order is sought. Is the Previous Divorce Voidable?

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