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Can same sex couples that are unable to divorce in their home jurisdiction be granted a divorce in Ontario?

On June 26, 2013, Bill C-32, an Act to Amend the Civil Marriage Act (also known as the Civil Marriage of Non-residents act) was given royal assent and became law. It allows same-sex couples to divorce, even if they are unable to be granted a divorce in their home jurisdiction – as long as the marriage was valid in the jurisdiction in which the marriage took place.

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Most Recent FAQs

Is a will still valid if the parties have separated? What about if they have divorced?

If parties are separated, the law protects spousal rights under both the realm of wills and intestacy. A separated spouse mentioned in a will is entitled to the gifts given by the testator. Likewise, a separated spouse still has status under the law of intestacy.

If a will is made benefitting the testator’s spouse, and the parties are subsequently divorced, there is conflicting law.

Common Law

Under the common law, a will is not revoked by divorce, only a new marriage. Common law holds that a will created during the marriage is not... MORE »

Can I just get a “quick” divorce?

The answer to this question depends on many factors. First, consider whether you are simply looking to do the paperwork and receive a piece of paper which says that you are divorced or if there are other issues to be decided. If that is the case and both parties agree there are no outstanding disagreements, then you can complete your paperwork with the court and receive a divorce within just a couple of months.

Unfortunately, most Divorce cases involve complex financial and emotional issues which need to be resolved between the... MORE »

Can I get a divorce in Canada even if I was married in a different country? What if my country of origin has refused or will not grant me a divorce?

In Canada, as long as you or your spouse has lived in Canada for at least one year, you will be able to receive a divorce. Divorces are granted by the courts in Canada based on your current marital status as determined by the government of Canada and not as determined by the government where you were married.

Neither you nor your spouse is required to be a Canadian citizen in order to receive a divorce in Canada. The only requirement to make a court application for a divorce is that... MORE »

What are the biggest factors affecting amount of child support?

The biggest factors affecting child support are income of the payor and custody of the child.

Child support is calculated by looking at the total gross income of the payor parent. The support recipient parent is the one who has custody of the child. Gross income means that we use that parents before tax income rather than their after tax income.

After the payor’s income is determined then we use a table called the Federal Child Support Guidelines to determine the amount of support that should be paid based on income and... MORE »