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
The following excerpt is from Tschudi v. Tschudi, 2007 BCSC 1639 (CanLII):
I do not read Thynne v. Thynne as suggesting that the parties are able to choose whether a divorce should be voided or not where the date of the marriage shown on the decree or order is incorrect. Rather, I read the case as strong authority for the proposition that public policy demands that the divorces be recognized as valid, particularly where parties have remarried thereafter.
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