Ontario Divorce Laws: How Can Same-Sex Couples Separate?

Ontario divorce laws have evolved significantly in the last few years. The province is now more inclusive of same-sex marriages, separation, and common law relationships.

Navigating divorce laws for same-sex couples can be difficult because of a lack of awareness. If you’re in a similar situation, Barnett Law is there to support you.

With the help of our experienced lawyer, learn everything about LGBTQ Ontario divorce laws.

Table of Contents

What Does The Civil Marriage Act Say About Same Sex Marriages Ontario?

The Civil Marriage Act was implemented in Canada in 2005. It has been a milestone for the LGBTQ community because the act granted rights for same sex marriage in Whitby and other parts of the nation.

Under this legislation, same sex couples have the right to civil marriage just like straight couples. The Supreme Court of Canada also recognizes LGBTQ marriages and applies the same family law rules to the community.

You only have to follow three main requirements to marry your partner in Ontario:

The marriage must occur with the consent of both parties
A new marriage cannot take place if a previous marriage is not dissolved by divorce or death
The marriage can only happen if both parties are above the age of 16

Marriages are also not voidable because of the sole reason that they are same sex marriages. This means you cannot be denied the right to marry in Canada regardless of the gender you’re marrying.

Ontario Divorce Laws For LGBTQ Couples

Ontario divorce laws for LGBTQ and straight couples are the same. The reason behind this is to avoid discrimination. Let’s look at these family law rules for divorce in Ontario more closely.

Grounds For Same Sex Divorce In Ontario

There are three main grounds for same sex divorce in Ontario:

If one of these grounds applies to your same sex marriage, you can benefit from the Ontario divorce laws. These rules have been designed to separate from your spouse legally.

Same Sex Divorce Process In Ontario

Ontario divorce laws make it a breeze to separate from your same sex spouse. This is especially true if you have the necessary documents. Follow the steps below for a same sex divorce in Canada:

Get a divorce application from Ontario’s government website or local court
File for divorce in Ontario with your original marriage certificate
Wait for the court to issue a divorce order

These steps for divorce seem simple, but they may not be. You may face issues because of Ontario divorce laws if you’re a non-resident spouse.

The family law court may also not grant a divorce because of incomplete documents or applications. Hiring a family lawyer Whitby to start your same sex divorce process would be a better idea.

A family lawyer in Ontario can let you know the documents you must submit for a divorce. They will also help you understand your responsibilities towards your ex-spouse after separation.

Ontario Divorce Laws: Issues Faced By Same-Sex Couples In Whitby

Same sex couples usually don’t face issues because of Ontario divorce laws. The family law rules protect people of different communities from facing bias.

Despite that, you may still face some problems getting a divorce in Ontario if you’re a non-resident.

Divorce In Ontario Is Granted To Non-Residents Only Under Specific Conditions

Non-residents are people who may have married in Canada but live outside the nation. They can also be individuals who married in a specific Canadian province but now live in another province.

Imagine you got married in Whitby five years ago, but moved to Quebec. Since you got married in Ontario, but now you’re a resident of another province, the Ontario divorce laws will only apply to you under specific grounds:

The couple has been living separately for more than one year before submitting a divorce application
Both spouses don’t live in Canada at the time of divorce filing
Each spouse is residing in a state where they cannot be granted a divorce for more than one year

If one or more of these conditions are met, you can file for divorce in the province you registered your marriage. The court may review the application and issue a court order if they deem your reasons for divorce to be valid.

Non-Residents Who Divorce In Ontario Cannot Receive Corollary Relief

If you and your spouse are non-residents during the time of divorce in Ontario, you’re not eligible for corollary relief. That is because the family law rules under the Canadian Divorce Act don’t apply to your special grounds divorce.

You and your partner cannot claim spousal support. Equalization rules of property division also cannot apply to your situation. So you may be at a disadvantage if you’re getting a same sex divorce as a non-resident.

FAQs

What Are The Same Sex Divorce Rules?

There are no specific same sex divorce rules unless you’re a non-resident. You have to follow the same grounds as straight couples for separation in Canada, such as adultery by the other spouse.

What Is The Divorce Rate For Same Sex Couples?

The divorce rate in Canada was 5.6 per 1,000 married couples in 2020. Same sex couples only account for a small portion of the divorce rate because most of them prefer to be in common law Ontario relationships.

Can You Get Spousal Support Under Same Sex Ontario Divorce Laws?

You can receive spousal support under Ontario divorce laws if you’re a resident of the province you registered your marriage. If you’re a non-resident, you cannot apply for alimony under family law rules.

How Long Do You Have To Be Separated Before Divorce In Ontario?

If you’re applying for divorce on the grounds of separation, you must live apart from your spouse for one year or more.

Connect With Barnett Law To Separate From Your Spouse Under LGQBT Ontario Divorce Laws

LGBTQ Ontario divorce laws are simple, but your marriage and separation conditions may complicate the process of divorce in Ontario. Choosing an experienced law firm like ours can help you avoid hassle while getting a divorce.

Reach out to Barnett Law now to start your LGBTQ divorce process in Ontario. Our team would be delighted to help you get out of toxic marriages and start a healthier single life.

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Barnett Law

Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.