The legalization of same-sex marriage in Canada in 2005 was a landmark moment for LGBTQ+ rights. However, the impact of same-sex marriage on family law is still being felt today. In this blog, we’ll explore the impact of same-sex marriage on family law in Canada and how Galbraith Family Law can help.
Adoption
One of the most significant impacts of same-sex marriage on family law in Canada has been the expansion of adoption rights for LGBTQ+ individuals and couples. Prior to the legalization of same-sex marriage, LGBTQ+ individuals and couples faced significant barriers to adoption.
However, since the legalization of same-sex marriage, adoption laws in Canada have become more inclusive. In 2017, the Ontario government passed legislation that removed barriers to adoption for LGBTQ+ individuals and couples, including the requirement for a home study.
At Galbraith Family Law, we believe that all families should have the opportunity to adopt and provide a loving home for a child. Our team of lawyers and mediators is dedicated to helping LGBTQ+ individuals and couples navigate the adoption process and protect their legal rights.
Spousal Support
Another impact of same-sex marriage on family law in Canada has been the expansion of spousal support rights for LGBTQ+ individuals. Prior to the legalization of same-sex marriage, LGBTQ+ individuals were not entitled to spousal support in the same way that heterosexual couples were.
However, since the legalization of same-sex marriage, spousal support laws in Canada have become more inclusive. In 2011, the Supreme Court of Canada ruled that same-sex couples are entitled to the same spousal support rights as heterosexual couples.
At Galbraith Family Law, we believe in equality and inclusivity for all families, including those with LGBTQ+ individuals. Our team of lawyers and mediators is committed to providing compassionate and inclusive legal services for all families, regardless of their sexual orientation or gender identity.
Property Division
The legalization of same-sex marriage in Canada has also had an impact on property division laws. Prior to the legalization of same-sex marriage, LGBTQ+ individuals did not have the same property division rights as heterosexual couples.
However, since the legalization of same-sex marriage, property division laws in Canada have become more inclusive. In 2013, the Supreme Court of Canada ruled that same-sex couples are entitled to the same property division rights as heterosexual couples.
At Galbraith Family Law, we believe that all families should have the opportunity to protect their legal rights and assets. Our team of lawyers and mediators is dedicated to helping LGBTQ+ individuals and couples navigate the property division process and protect their legal rights.
Conclusion
The legalization of same-sex marriage in Canada has had a significant impact on family law. From adoption to spousal support to property division, LGBTQ+ individuals and couples now have more legal rights and protections than ever before.
At Galbraith Family Law, we believe in equality and inclusivity for all families, including those with LGBTQ+ individuals. Our team of lawyers and mediators is committed to providing compassionate and inclusive legal services for all families, regardless of their sexual orientation or gender identity.
If you are an LGBTQ+ individual or couple facing legal challenges, it’s important to seek legal representation that is knowledgeable and supportive of your unique needs. Our team of knowledgeable family lawyers knows what’s at stake for you and will work tirelessly to achieve the outcome you need. To schedule a consultation, please call 647-370-8965 or contact us online. We also serve clients in and around Barrie, Newmarket, Toronto, and Oakville.
Sources
Canadian Bar Association. (n.d.). Transgender people and the law. Retrieved from https://www.cba.org/Sections/LGBT-Lawyers/Articles/2016/Transgender-People-and-the-Law
Government of Canada. (n.d.). Canadian Human Rights Act. Retrieved from https://www.justice.gc.ca/eng/csj-sjc/human-rights/description.html