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Same-sex Divorce

Same sex marriage and divorce is legal in Ontario. Canada was the fourth country in the world to legalise same-sex marriage (under the Civil Marriages Act (2005), bringing parity to all couples wishing to get married.

Today, a same-sex marriage is treated the same in law as traditional marriage. This means Ontario divorce laws, and laws relevant to the division of property, and to children, apply to same-sex marriages in the same way. The experienced divorce lawyers at Rogerson Law Group are available to advise you on how the law applies in your unique circumstances.

If you wish to end a same sex marriage, you can divorce your spouse in the usual way, provided you have been habitually resident in a Canadian province for 12 months.

Specific issues

Although divorce laws now apply to both traditional marriages and same sex marriages– there are specific issues that may arise in the context of same sex marriages. This includes:

Children: adoption of a child of one spouse by the other spouse; children born though surrogacy or fertility treatment; child custody. Issues such as these can complicate matters and expert legal advice is necessary

Validity: the marriage may not be valid in other countries or states; or if the marriage took place in another country, it may not be valid in Canada. This could make it much more difficult to obtain a divorce, to resolve financial matters, and deal with a division of assets

Spousal support: certain aspects may be more difficult to establish in court, for instance, that one party gave up a career to look after a property, or to care for children

If you are in a same sex marriage but are separating and seeking a divorce, we can assist you with any technical issues that arise. Contact us for strategic advice on how best to resolve those issues.

The Team

The same sex divorce team is led by Andrew Rogerson, the firm’s founder. He is assisted by Joseph Gyverson, Matthew A. Giesinger and James Bennett , who complement our domestic and international family law practice.

Contact Rogerson Law Group at (416) 504-2259 – Our experienced Family Lawyers can offer you sound & strategic advise for domestic (Greater Toronto Area) & international family disputes or litigation involving multi-jurisdictional matter.