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Gail Vaz-Oxlade's Guide To
For more than 20 years you have witnessed Gail Vaz-Oxlade’s trademark straight-up money wisdom, both on Radio and Television, most notably as host of TVs Till Debt Do Us Part, Princess and Money Moron. Gail is a multiple time, best-selling financial author, and one of the top Canadian authors of the past decade. Gail brings her common sense wisdom to answer your questions about Same Sex divorce in Ontario.
Gail Vaz-Oxlade's Guide To
For more than 20 years you have witnessed Gail Vaz-Oxlade’s trademark straight-up money wisdom, both on Radio and Television, most notably as host of TVs Till Debt Do Us Part, Princess and Money Moron. Gail is a multiple time, best-selling financial author, and one of the top Canadian authors of the past decade. Gail brings her common sense wisdom to answer your questions about Same-Sex divorce in Ontario.
Same-Sex Divorce In Ontario
What is the status of same-sex marriages?
In July 2005, the Supreme Court of Canada declared same-sex marriages legal in all provinces across Canada (though same-sex marriages had already been legal in many provinces since 2003). If you have been legally married in Canada, you require a legal separation and divorce in order to remarry.
Are unmarried gay and lesbian couples considered as common-law relationships?
Yes; the gender-neutral definition of common-law couples does not distinguish between gay and straight couples. In Ontario, if you have lived in a “marriage-like” relationship for at least three years, you are a common-law couple, regardless of the sex of your partner.
If I end a common-law same-sex relationship, do I need to seek a divorce?
No. Common-law relationships are not marriages and do not require official termination by divorce. The main reason to seek legal assistance when a common-law relationship ends is to obtain assistance with issues like spousal support, child support, child custody and access, or division of property.
Will custody decisions work against me if I’m in a same-sex relationship?
Sexual orientation is generally irrelevant when it comes to child custody rulings. The court is primarily concerned with ruling in the best interest of the child.
How to Avoid A Messy Divorce
- Seriously consider mediation before lawyer litigation
- If at all possible, stay out of the Family Courts
- Gather and organize your financial documents
- Do your homework, understand how divorce works in Ontario
Can one partner in a same-sex couple make a claim for spousal support after a break-up?
Like heterosexual couples, members of same-sex couples that split up can petition for spousal support, relative to the length of your marriage and differences in income. Common-law couple are not immediately entitled to support, but as long as the couple qualifies as a common-law couple, by having lived together in a “marriage-like” relationship for at least three years before separating, then an individual may attempt to justify a claim for support.
Is the division of property for a common-law same-sex relationship the same as the division of property for married couples?
No. When a married couple divorces, the basic rule is that the increase in property value during the marriage is divided equally. This basic rule is NOT applied to common-law couples because common-law relationships are excluded from the provisions of the Family Law Act.
Partners in same-sex common-law relationships who believe they are entitled to a portion of the property held in the name of the other partner must prove that they deserve a share of that property. To meet the burden of proof, the partner who seeks a share of the property held in the name of the other partner must show that he or she made a contribution, either monetary or a contribution of time and effort; that that contribution exceeded the benefit that he or she has already received; that the other spouse received a disproportionate benefit; and that there’s no fair reason that the contributions of the non-owning spouse shouldn’t be rewarded.
The Common Sense Divorce is LGBT friendly divorce process in Toronto, Mississauga, Scarborough, Kitchener/Waterloo and Newmarket.
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