Posted on November 27, 2013 · Posted in Blog

Same Sex Divorce in BC: Now Allowed for Non-Residents

same sex divorce

Canadian law makers in Ottawa passed the “Civil Marriage of Non-Residents Act” on August 16, 2013 which allows same sex marriage partners who live outside of BC to apply for a divorce in this province. This is long past due since the Civil Marriage Act allowing same sex marriage was passed in 2005 but did not provide a way for those couples to divorce. Like many other marriages, same sex couple often find themselves in a position of marital break down.

When the “Civil Marriage Act” was passed in 2005, couples came to BC from all parts of the world to marry since same sex marriage is not allowed in most jurisdictions. Upon returning to their homes, many couples found their marriages not legally recognized and if their marriages broke down, there was no legal process to divorce, including in BC where they were married since the Divorce Act required them to be “ordinarily resident” in Canada.

Therefore, the “Civil Marriage of Non-Residents Act” addresses that problem, allowing non-resident, same-sex spouses who have lived separate and apart for a period of at least one year to apply for divorce in the province in which they were married.

Regardless of where you live in this big world and you live in a jurisdiction that doesn’t recognize your BC marriage, and if you’re contemplating divorce, don’t hesitate to contact us. If it’s an uncontested divorce, call us at 250.707.0928, or request a consultation.
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On the Doorstep of Divorce, or do you need help in Rebuilding After Divorce?
Give us a call at 250.707.0928, or request a consultation.

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We are not expensive lawyers; we are family divorce mediators and rebuilding coaches.  Our boutique divorce mediation firm has become Kelowna’s first choice when dealing with separation and divorce, and beyond. It is possible to reduce stress, time and conflict. Our mediation and rebuilding models educate and empower our clients, so that when you leave you have a document that will stand the test of time, and a process for rebuilding your life.

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