Calgary Lawyer Charles Fair recognizes that the breakdown of an important personal / family relationship can be difficult emotionally, financially, physically and in some cases even traumatic.
Charles Fair Wins Case Of Foreign Marriage Validity
Charles Fair represented a woman in a Calgary divorce case where the wife filed for divorce and matrimonial support, and the husband claimed their foreign marriage was not valid and she was not entitled to property division under the Matrimonial Property Act, which at the time was available only to legally married spouses.
Case Summary:
- The plaintiff's estranged husband claimed their marriage in Vietnam was only ceremonial and was not valid. The defendant also claimed that the plaintiff knew they were not legally married.
Judgement:
- Despite the lack of evidence that the marriage in Vietnam, the judge found that the marriage in Vietnam was still valid and that couple were legally married for the purposes of the Divorce Act and the Matrimonial Property Act.
This case was discussed in LawNow:
"Generally, a marriage in a foreign country is considered legally valid in Alberta if it is a legally valid marriage in the foreign country. The Court admitted it did not know what the law of marriages was in Vietnam in 1997 to determine on its own if the marriage was valid. However, the evidence demonstrated that many people in Vietnam, including local officials, considered the parties married under Vietnamese law. Moreover, the couple had children, lived together for over a decade and held themselves out to be married. Therefore, the Court found that the marriage was legally valid."
Note: The Matrimonial Property Act has been replaced by the Family Property Act.
Calgary Divorce Lawyer Charles Fair
Give me a call and I can put my years of experience in divorce and family law to work for you.
Canada’s divorce and family laws are governed by federal and provincial laws. Family lawyers represent their clients in court and negotiate disputes between spouses and family members. Charles Fair has been practicing Divorce and Family Law for nearly 30 years. Fair Legal handles all types of divorce, custody and family legal matters to protect your children, property and you.
Contact us at (403) 239-2249 to schedule a confidential meeting with a member of our legal team.
Calgary lawyer Charles Fair brings over 30 years of experience to Fair Legal in criminal, family and civil litigation. Charles draws on his personal experiences related to each field of law which helps him to understand and relate with each of his clients. He is compassionate, caring, and will always be your champion for justice when life gets messy.