Is a previous Divorce voidable?
British Columbia, Canada
The following excerpt is from Tschudi v. Tschudi, 2007 BCSC 1639 (CanLII):
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?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has the court interpreted section 51(1) of the Divorce Divorce and Divorce Act, s. 51(2) and s. 65(1)? (British Columbia, Canada)
When will a judge refuse to grant a divorce under the Divorce Act? (British Columbia, Canada)
What factors must the court consider in determining a divorce under s. 15.2(4) of the Divorce Act? (British Columbia, Canada)
Can a court vary, suspend or rescind a previous order on child support under s. 17(1) of the Divorce Act? (British Columbia, Canada)
Is there any case law where the asserted benefits of a new regime must be balanced with the factors favouring the previous order or previous order? (British Columbia, Canada)
Can a party claim arrears of maintenance under the terms of a divorce agreement where there has been no application for child support since the divorce agreement was signed? (British Columbia, Canada)
Does the phrase “entitled to ...” apply to a plaintiff who has returned to her previous employment and previous earnings? (British Columbia, Canada)
What is the meaning of the term “indirect contribution” in s. 59 of the Statutory Guidelines for Divorce and Divorce? (British Columbia, Canada)
Is a need for a divorce order to qualify for a second divorce in Egypt accepted as a special circumstances? (British Columbia, Canada)
If a date of marriage is incorrect on a divorce decree or order, can the parties choose whether a divorce should be voided or not? (British Columbia, Canada)
