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.
In this blog, our separation and divorce lawyers explain how the Civil Marriage of Non-residents Act bridged the gap, allowing non-resident 2SLGBTQI+ couples to divorce, and how our team 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.
The Civil Marriage of Non-residents Act: A Solution to the Challenge of Divorce for Non-Resident 2SLGBTQI+ Couples
The Canadian government introduced the Civil Marriage of Non-residents Act to address the unique challenges faced by non-resident 2SLGBTQI+ couples, offering a path to divorce under certain conditions.
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.
Divorce Solutions for 2SLGBTQI+ Couples in British Columbia
The Civil Marriage of Non-residents Act was introduced to address a critical gap in the legal system that affected non-resident 2SLGBTQI+ couples. Before this act, these couples faced significant obstacles.
- Because couples were venturing to Canada to get married due to their home country not recognizing same-sex marriages, it became impossible for couples to obtain a divorce in their home countries.
- As mentioned above, Canadian law required at least one spouse to be a resident in Canada for a year before filing for divorce, which non-resident couples could not meet.
- Without the ability to divorce, non-resident 2SLGBTQI+ couples were left in legal limbo, unable to move forward with their lives.
At Align Family Law, we believe in equal opportunity for all and are advocates for compassionate and committed legal representation for individuals who belong to the 2SLGBTQI+ community. The Civil Marriage of Non-residents Act recognized that 2SLGBTQI+ couples who married in Canada deserve the same rights and opportunities as heterosexual couples.
Contact Align Family Law 2SLGBTQI+ Lawyers Today
The journey towards equal rights and recognition for 2SLGBTQI+ couples is ongoing. The Civil Marriage of Non-residents Act represents a significant step forward in ensuring that Canada remains a place where love and commitment are honored, irrespective of nationality or the laws governing one’s home country.
At Align Family Law, we are proud to support the 2SLGBTQI+ community by providing knowledgeable, empathetic legal services. Together, we can navigate the path to resolution and peace.
If you are a 2SLGBTQI+ couple who is seeking legal advice or guidance through a divorce, contact our team today. Our goal is to not only help you move beyond your divorce or separation, but it’s to do so using collaborative approaches, where possible, to minimize the emotional and financial toll of separation or divorce.
And we are here for you if you need us.
