What is the legal test for declining to order a divorce based on common law?
British Columbia, Canada
The following excerpt is from Dhillon v. Dhillon, 2017 BCSC 247 (CanLII):
In addition to the statutory bars to the granting of an order for divorce, the court has discretion available to decline to order a divorce based on the common-law: see Kirk v. Kirk, 2007 BCSC 67, at paras. 34-38.
Kirk informs me I have the discretion to decline to order a divorce where there is prejudice or a risk of prejudice to the other spouse that is not outweighed by compelling or urgent reasons on the part of the applicant: see Mann v. Mann, 2013 BCSC 1726.
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