At Align Family Law, we’ve made it a priority to represent the interests of 2SLGBTQI+ individuals. Whether you’re going through a divorce or ending a common-law marriage, lesbian, gay, bisexual, transgender, queer, intersex, two-spirit, and all other individuals who belong to the 2SLGBTQI+ community deserve compassionate and committed legal representation.
Victoria
2SLGBTQI+ Family Law
Victoria
2SLGBTQI+ Family Law
At Align Family Law, we’ve made it a priority to represent the interests of 2SLGBTQI+ individuals. Whether you’re going through a divorce or ending a common-law marriage, lesbian, gay, bisexual, transgender, queer, intersex, two-spirit, and all other individuals who belong to the 2SLGBTQI+ community deserve compassionate and committed legal representation.
Our Victoria 2SLGBTQI+ Divorce Services
In 2003, British Columbia legalized same-sex marriage, and since 2005, same-sex marriage has been recognized throughout Canada. This means that in Canada, 2SLGBTQI+ couples have all the same rights as heterosexual couples. This also means that the divorce process looks largely the same.
British Columbia law also recognizes common law relationships. While common law couples don’t need to go through formal divorce proceedings, they are faced with many of the same issues as divorcing couples, such as parenting time, support, and property division.
2SLGBTQI+ couples can sometimes face unique challenges during the divorce or separation process. For example:
- Determining parenting time or parental rights when both parents are not biologically related to the child
- Adoption
- Potential discrimination in the courts
We also assist many 2SLGBTQI+ clients negotiating cohabitation and marriage agreements.
At Align Family Law, we understand the unique needs of our clients in the 2SLGBTQI+ community, and we’re intimately familiar with the British Columbia court system. We take a resolution and future-focused approach to help you move beyond your separation and create a plan for the path forward.
Our Victoria 2SLGBTQI+ Non-Resident Divorce Services
Following the enactment of the Civil Marriage Act in 2005, legalizing same-sex marriage in Canada, many 2SLGBTQI+ couples chose to marry in Canada. However, if their marriage was not recognized in their home state or nation and they later decided to separate, obtaining a divorce proved challenging. They were not able to obtain a divorce in their country of residence if their marriage was not legally recognized, and obtaining a divorce in Canada was not an option because they did not meet the one-year residency requirement.
To address this issue, the introduction of the Civil Marriage of Non-residents Act served to assist 2SLGBTQI+ couples seeking a divorce.
This Act allows for the divorce of non-residents married in Canada under three specified conditions:
- The parties have been separated (note, they can still live under the same roof and be “separated”) for at least one year before initiating the divorce application;
- Neither spouse was living in Canada at the time of the application; and
- Both spouses were residing in a country where a divorce was unattainable because that state did not recognize their marriage.
Align Family Law can help non-resident 2SLGBTQI+ couples, facilitating divorces for marriages conducted in Canada that are not recognized in their country of residence, even if they do not meet the one-year Canadian residency requirement.
What Our Clients Say
Our Victoria Divorce Process
STEP TWO:
We’ll listen to your story, clearly set out your options so you can determine your best next steps.
STEP THREE:
Together, we’ll get to work resolving the issues and getting you started on your next chapter.
Frequently Asked Questions
Can 2SLGBTQI+ couples legally divorce in British Columbia?
Yes, same-sex couples (where one party has been resident in BC for at least one year) who are legally married can file for divorce in British Columbia. The same legal rights and protections that heterosexual couples have are granted to 2SLGBTQI+ couples as well.
Are 2SLGBTQI+ separations handled differently than heterosexual divorces in British Columbia?
The legal process for separating 2SLGBTQI+ couples in British Columbia is largely the same as for heterosexual couples. All separating couples will need to make decisions on issues such as property division, parenting, and support. However, there are some challenges that 2SLGBTQI+ couples might face that are different from a traditional heterosexual divorce.
Do 2SLGBTQI+ divorces face discrimination or bias in court?
While the legal system aims to be impartial, 2SLGBTQI+ individuals may still encounter prejudice or misunderstanding. That’s why it’s absolutely crucial to work with a lawyer who has experience working with 2SLGBTQI+ clients and who understands their unique needs and challenges they may face.
How is parenting time and parenting responsibilities determined in 2SLGBTQI+ divorces?
Parenting arrangements are based on the best interests of the child, regardless of the sexual orientation or gender identity of the parents, just the same with heterosexual parents. However, if one or both parents are not the biological parent of the child, special attention will need to be paid to establishing who are the guardians and who has parental responsibilities.
What happens to assets acquired during a same-sex marriage or common-law relationship in a divorce?
Assets acquired during the relationship, including property and finances, are subject to the same rules of division as with heterosexual separating couples.
Can 2SLGBTQI+ couples who traveled to Canada to be married but who do not reside in Canada, get a Canadian divorce?
Canada has passed legislation to assist foreign 2SLGBTQI+ residents who traveled to Canada to be married, whose resident country does not recognize their marriage and as such will not grant a divorce.
Contact Align 2SLGBTQI+ Divorce Lawyers Today
Don’t hesitate to reach out to a law firm with experience representing members of the 2SLGBTQI+ community. At Align Family Law, we help people move beyond their separation and create a plan for the path forward.
Contact us today to schedule your consultation.
Are you looking for a family lawyer?
We have offices in Victoria, Kimberley and Vancouver and can assist clients anywhere in British Columbia.
Fill out our form and an Align Family Law team member will contact you within one business day to schedule your Zoom call with a British Columbia family law lawyer.
