The Law Does Not Distinguish When Ending A Legal Relationship
Love is love. Unfortunately, no matter a person’s sexual orientation or gender expression, sometimes that love comes to an end. Other times, love is not enough and the couple wants to end the relationship. Gay divorces in Alberta for part of the regular divorce process. Since same sex marriages became legal, no legal distinction exists for a gay, lesbian, queer or any LGBTQ divorce in this province or anywhere in Canada. If you plan to separate or divorce from a same sex marriage, the following information applies to you. As always, the divorce lawyers at Kahane Law Office in both Calgary and Edmonton help clients put a legal end to their relationship.
Ending Common Law Gay Relationships
Both before same sex marriages became legal and now where some couples decide not to legally marry, common law gay and lesbian relationships end. The law surrounding the end of these relationships, is no different than the end of any common law relationship. We invite you to use this link if you require more information on common law separation.
Two Ways Of Legally Ending Gay Marriages
Gay divorces generally move forward in one of two ways. Contested or uncontested. If you and your spouse work together to agreeably resolve all marriage dissolution issues, then the least expensive way to divorce is by way of an uncontested or desk divorce. If disagreements continue, the court helps determine the resolution of the issues. Our lawyers can also guide you through Alternative Dispute Resolution processes, which are often more cost and time efficient.
Although Canadian divorce law requires that a person live in the jurisdiction for one year, prior to a divorce being granted, the Civil Marriage Act S.C. 2005, c .33, makes an exception for couples who were married in Canada, but do not live here, so long as your home jurisdiction does not recognize same-sex divorces.
Gay Divorces: Common Issues To Resolve
A number of issues routinely emerge with same sex divorces. For example, the issues include support, child custody and access and the division of matrimonial property and debts. Below, find more information on these specific areas along with links to more details information.
Division of Assets and Debts
The division of assets and debts with gay divorces, involves itemizing assets and debts separately. Courts generally asses if any matrimonial property exemptions exist. Next, they ensure that the division of matrimonial property occurs in a fair distribution of the advantages and disadvantage of the relationship in accordance with the Family Property Act.
Support Payments In Same Sex Divorce
Support payments exist in two general forms. Divorcing parties, depending on their situation, may pay or receive spousal support or child support. In both instances a variety of factors come into play. While the above links provide you with more specific information on support payments, we strongly urge a consultation to determine your exact rights. Specifics form an important aspect in determining payment factors. Our courts routinely award support payments to same-sex partners, to ensure that the financial consequences of a separation or divorce are dealt with fairly.
Custody And Access/parenting With LGBTQ Divorces
Custody is the term used when determining who has the day to day responsibility for the medical, emotional and practical life of a child. Access/parenting means the time where a parent has the ability to spend time and visit their child. Custody and access are often split equally between parents, however sometimes the court gives one parent custody and access terms to the other. The courts in Alberta focus on one essential factor when determining custody and access. They determine the best interest of the child. Learn more about the legal tests to determine custody and access orders in Alberta.
Help Understanding Your Legal Situation With Gay Divorce Or Separation
People speak of “fear of the unknown”. Family law typifies this. When people lack an understanding about what to expect, legally, from the end of a relationship, it often leads to fear. Ending this uncertainty regarding the steps, process, your child(ren), and financial picture helps. Often, a single consultation gives you this understanding and a plan for moving forward with your separation or divorce. Protect yourself and your family by learning what to do and what things to avoid.
The Help You Need With Gay Divorces
Kahane Law Office in both Calgary and Edmonton, helps all clients from the LGBTQ community. Our unique approach to family law helps our clients move forward with their lives. We understand that the end of a relationship is both stressful and scary and we want to help. Call or email today.