5 Tips on Gay Divorce Rights in Canada

June 2, 2021

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In the year 2013, the Civil Marriage Act of 2005 was amended to allow divorce of same-sex marriage. Before this, divorce of same-sex couples is only when one spouse had lived in Canada for at least a year. As of now, anyone couple can file for gay divorce, with no condition that one of the spouses must have lived in Canada for a certain period. Gay divorce rights are similar to opposite marriage; there is complete equality in the territory of Canada. Today, in this article, we will discuss the five most essential tips on Gay divorce rights in Canada.

#1 Spousal Support

Even if you are married under the same-sex marriage law, you are entitled to file for spousal support. Like the opposite-sex marriage, the judge mandates spousal support after thoroughly analyzing the incomes & expenses of both partners. The length of the spousal support is till the child turns 18(if the couple adopted the child). 

There is no significant difference between the two types of marriages when it comes to spousal support, so you won’t find it complex to calculate spousal support. The spousal support can be temporary for a specific period if the spouse doesn’t become financially independent with a high-paying job. The spousal support can also be permanent for a particular number of years determined by the judge. Besides income, the judge may look into the lifestyle of both spouses to mandate the right amount that both parties agree on. 

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#2 Property Division

In a gay divorce in Canada, the following are essential points you need to know:-

  • The property division is based on who bought it in the marriage, keeps it.
  • Any increase in the value of assets you bought during the marriage must be divided equally between the two partners.
  • Another essential gay divorce rights in Canada is that one who received gifts or inheritances during the marriage keeps it, but, the increase in the value has to be shared with the other partner.
  • Any debt bought in the relationship has to be managed by both partners half-half.
  • Any debt from before the marriage is the sole obligation of that particular partner.

If you want to have detailed information about the property division rights, then it is better to consult an attorney. They’ll suggest to you the different loopholes in family laws that can help you have your property to be shared. 

#3 Child Support

If you and your partner have adopted a kid during the relationship, then the care-taking spouse has the right to ask for spousal support. The spousal support can be filled if you adhere to the below criteria:-

You are taking care of the child 40% of the time.

Your income is lower than your partner’s.

In a situation when both partners are devoting equal amounts of time to their child, then the income will decide who is going to pay for the child support. 

There are major two kinds of gay marriage spousal support:-

One is monthly for the child’s food, clothing, and shelter. 

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The other is additional costs such as tuition, medical expenses, nanny costs, etc. each expense is paid according to the income of the financially supporting partner. 

#4 Child Custody

It is the most complicated field of family law. The custody of the child is determined by the court to ensure the best interest of the kid. If both the partners have good coordination, and the child is happy with both, then 50-50 custody of the child is ordered by the judge. Otherwise, it is best if both the spouses sit down and reach an agreement on child custody. All other aspects of child custody are determined, like opposite-sex marriage. Both the spouses have to adhere to the child custody agreement; if any of the spouses fail to do so will face the strict action of the court. 

#5 Gay Divorce Process

First, you two have to show you have married in Canada or anyone globally, where same-sex marriage is legalized. 

Second, confirm that there is no hope of reconciliation.

Show the judge you two have reached an agreement on spousal support and property division to ensure everything happens smoothly. 

By doing so, you save your precious time and money and can move ahead with life and recovery post-divorce. 

Finally, if you want legal assistance and want to be aware of recent changes with gay divorce rights, you must consult a family attorney specializing in gay divorce. Their practical industry and knowledge will provide you with the best guidance on how to proceed with your divorce and how to enjoy the divorce rights benefits.

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