DivorceLawyers.ca Professional Corporation offers legal advice to people in same-sex marriages in Ontario, as well as those who were married there and migrated to other countries (only if the other jurisdiction will not grant a divorce).
Same-sex couples have had to deal with numerous issues related to marriage and all that it entails throughout the years, including divorce. Since 1994, our Ontario family lawyers have served members of the LGBT community in all phases of divorce and family law. We’ve kept up to date on changes in federal and provincial legislation that impact same-sex couples, and we do all we can to ensure that our clients’ rights and interests are preserved.
The Family Law Act and Same-Sex Marriage
In Canada, same-sex marriage was decriminalized in 1986. Same-sex couples were given the right to apply for spousal support under the Family Law Act in 1999. In 2005, parliament passed the Civil Marriage Act, giving same-sex couples the right to marry.
Today, the FLA definition of “marriage” applies to same-sex and heterosexual couples. The Divorce Act also defines “spouse” in such a manner as to encompass same-sex couples. As such, the same laws that apply to heterosexual spouses apply to same-sex marriages. Spouses may apply for spousal support, and their property and assets will be divided in accordance with the FLA or Divorce Act. Child custody, support, and visitation will also be dictated by these laws.
An issue can arise for same-sex couples looking to divorce, however, if they currently reside in a jurisdiction that does not recognize same-sex marriage. Our lawyers can help you understand the specific laws that may affect your divorce, regardless of the jurisdiction in which you are currently residing. Our experience and commitment are valuable tools at your disposal when you retain our firm to handle your same-sex divorce.