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2SLGBTQI+ Family Law

At Align Family Law, we’ve always been particularly interested in representing the rights and needs of the 2SLGBTQI+ community. Divorce, common-law separation, and any other family law issues deserve passionate committed representation for lesbian, gay, bisexual, transgender, queer, intersex, two-spirit, and all other individuals.


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 Kimberley 2SLGBTQI+ Divorce Services

In 2003, the province of British Columbia passed legislation legalizing same-sex marriage, and since 2005, Canada has recognized same-sex marriages nationwide. As a result, 2SLGBTQI+ couples in Canada enjoy identical rights to those of heterosexual couples, including in the divorce process.

British Columbia’s legal framework also acknowledges common law relationships. Common-law partners undergoing a separation face similar challenges as separating couples regarding parenting, support, and property division, despite not needing to go through formal divorce proceedings.

During divorce or separation proceedings, 2SLGBTQI+ couples can face unique challenges not common in heterosexual marriages:

  • Determining parenting time or parental rights when both parents are not biologically related to the child
  • Adoption
  • Potential discrimination in the courts

We also offer support to our 2SLGBTQI+ clients in negotiating cohabitation and marriage agreements.

At Align Family Law, we recognize the unique needs of 2SLGBTQI+ individuals and families, and we have comprehensive knowledge of the British Columbia court system. Our approach emphasizes resolution and future planning, assisting you in overcoming separation challenges and devising a forward-looking strategy.

Our Kimberley 2SLGBTQI+ Non-Resident Divorce Services

The Civil Marriage Act of 2005 allowed 2SLGBTQI+ couples the option to wed nationwide. However, for couples whose marriages weren’t recognized in their home jurisdiction, obtaining a divorce presented considerable difficulties. They were unable to dissolve their marriage in their country of residence, and Canadian divorce was not feasible due to the one-year residency requirement.

The Civil Marriage of Non-residents Act was introduced to address this issue, facilitating divorces for non-resident 2SLGBTQI+ couples married in Canada under specific conditions:

  • The spouses have been separated (though living under the same roof is acceptable) for at least one year prior to filing for divorce;
  • Neither spouse was residing in Canada at the time of application;
  • Both spouses were residing in a jurisdiction where divorce was unavailable due to non-recognition of their marriage.

Align Family Law assists non-resident 2SLGBTQI+ couples in obtaining divorces for marriages conducted in Canada that are unrecognized in their country of residence, even if they don’t meet Canada’s one-year residency requirement.

What Our Clients Say

Our Kimberley Divorce Process


Call our office to schedule your initial consultation.


We’ll listen to your story, clearly set out your options so you can determine your best next steps.


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

Divorce and separation can be challenging experiences, and having a lawyer with experience representing members of the 2SLGBTQI+ community by your side can be extremely helpful. At Align Family Law, our goal is to help you move beyond your 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.

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