|
|
|
|
Legal Line® provides Free legal information to Canadians through its website, telephone and fax-on-demand systems.
1,000 topics are covered within 35 areas of law...
Search...
Ontario|FamilyCommon Law Relationships 124 Same sex relationships
- Financial support
Same sex couples cannot legally marry and are not yet treated the same as unmarried opposite-sex couples. However, the court has supported the position that human rights legislation should provide for the prevention of discrimination based on sexual orientation. Accordingly, the Supreme Court of Canada now recognizes same sex couples for the purpose of spousal support. Once section 29 of the Ontario Family Law Act is amended, the court should be able to award same sex support.
- The division of property
If a same sex couple separates, there is no legal right to divide property equally. All property normally goes to the legal owner. For example, if your same sex partner owns the home that you have both been living in, you do not have the automatic right to divide the value of the house when you separate. Exclusive possession of the matrimonial home is limited to a "spouse" defined as each of a man and a woman who are married to each other. In some circumstances, a claim could be made for possession or ownership of certain shared property through unjust enrichment or constructive trust claims, but this is unusual.
- Custody and Adoption
The one area where same sex couples have rights or obligations relates to children. While the biological parent will often be given custody, the other person may be required to pay child support, may be entitled to visiting rights, and may apply for custody or adoption of the children. Whether a custody or adoption application is successful will depend on what the court decides is in the "best interests" of the children. Adoption is covered under Part Vll of the Child and Family Services Act. The definition of "spouse" is as stated in Parts l and II of the Human Rights Code.
- How to protect yourself
Because of limited legal protection for people in same sex relationships, same sex couples may choose to take steps to protect themselves from the consequences of a break-up. For example, they can put property in both of their names jointly, instead of just one person's name. This way, if their relationship ends at some point in the future, the property may be divided equally between them. Also, same sex couples can write a kind of cohabitation agreement that sets out each person's right to property. The ordinary law of contract may create enforceable rights quite apart from the limitations of the Family Law Act.
Same sex rights are presently in a state of flux. If you want to prepare a cohabitation agreement or you have separated from a partner, you should consult a lawyer for advise and assistance.
ADOPTION
|