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Vancouver

2SLGBTQI+ Family Law

One of our priorities at Align Family Law is to represent the interests of 2SLGBTQI+ individuals. Lesbian, gay, bisexual, transgender, queer, intersex, two-spirit, and all other individuals who belong to the 2SLGBTQI+ community deserve compassionate and committed legal representation when dealing with a divorce, separation, or any other family law issue.

Vancouver

2SLGBTQI+ Family Law

One of our priorities at Align Family Law is to represent the interests of 2SLGBTQI+ individuals. Lesbian, gay, bisexual, transgender, queer, intersex, two-spirit, and all other individuals who belong to the 2SLGBTQI+ community deserve compassionate and committed legal representation when dealing with a divorce, separation, or any other family law issue.

Our Vancouver 2SLGBTQI+ Divorce Services

In 2003, the legalization of same-sex marriage in British Columbia marked a significant legal milestone, followed by nationwide recognition in Canada starting from 2005. Consequently, 2SLGBTQI+ couples across Canada enjoy equal rights to heterosexual couples, including similar procedures in the divorce process.

However, 2SLGBTQI+ couples can still 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

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.

We also assist many 2SLGBTQI+ clients negotiating cohabitation and marriage agreements.

At Align Family Law, we recognise the specific needs of 2SLGBTQI+ individuals and maintain an in-depth understanding of the British Columbia court system. Our approach prioritises resolution and future planning, assisting clients in overcoming challenges and building a path to a brighter future.

Our Vancouver 2SLGBTQI+ Non-Resident Divorce Services

Although the Civil Marriage Act in 2005 legalized same-sex marriage in Canadasome couples found difficulty in obtaining a divorce if their marriage was not recognized in their home state or nation and they later decided to separate. This is because they were not able to obtain a divorce in their country of residence, and Canadian divorce law has a one-year residency requirement.

The Civil Marriage of Non-residents Act addressed this issue by giving 2SLGBTQI+ couples in this situation an avenue for divorce. Align Family Law can help non-resident 2SLGBTQI+ couples facilitate 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.

Non-residents married in Canada can file for divorce 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.

What Our Clients Say

Our Vancouver Divorce Process

STEP ONE:

Call our office to schedule your initial consultation.

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 your 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

At Align Family Law, we have experience representing members of the 2SLGBTQI+ community. Don’t hesitate to reach out and tell us about your case. Our mission is to help our clients and their families 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.

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