Same-Sex couples

The dissolution of a marriage or common law relationship between same-sex parties is treated identically to that of an opposite-sex couple. Under s.2 (1) of the Divorce Act, the definition of spouse is “either of two persons who are married to each other,” but “spouse” can have other meanings in family law. The definition of “spouse” in family law allows for spousal support to be payable whether the parties are in fact married or not. Accordingly, all the rights and obligations that flow from both the Family Law Act and the Divorce Act are equally applicable to parties of a same-sex marriage.

If you have any questions regarding same-sex family law matters, feel free to contact Stephen Durbin and Associates today to schedule an initial consultation.