The court do not treat gay and straight couples differently in marriage or divorce. Gay couples can become married or have a common law relationship. They can have children and they can choose to not have children. And they can apply to the courts to obtain the same relief as any straight party can when they are divorcing or separating.
If you are gay and married, the usual areas of law would apply to you upon divorce: matrimonial property division, spousal support, and divorce. If you are gay and common law, you would be dealing with spousal support. If you are gay have children, whether married or common law, you will have to address custody and access, and child support.
Foreign Same Sex Couples
If you live in a jurisdiction that forbids gay marriage and you came to Canada to be married, then you may now apply to Canada to obtain a divorce if the jurisdiction in which you reside does not allow gay divorce. The statute which allows this is the Civil Marriages Act. The proper court for this procedure is the Superior Court of Justice in Ontario.
For these spouses, they may not also apply to the court for the corollary relief – meaning they may not also ask the court for spousal support, child support, custody and access, or property division. Speak with a divorce lawyer to learn about your rights and to obtain your divorce.
Toronto, compared to other Canadian cities has a larger LGBTQ population. Toronto is the home of the annual pride parade. If you need assistance with your gay divorce or separation, Toronto is a great city in which to find supportive family and divorce lawyers.