Same Sex Marriage Property Division

Same-sex marriage became legal in British Columbia in July 2003, granting gay couples the same marriage rights afforded to heterosexual couples. However, for two years, the Divorce Act continued to define marriage as being between a man and a woman. Then, in 2005, a landmark Supreme Court case granted British Columbia’s first same-sex divorce.
Today, same-sex couples have the same rights as heterosexual couples, including rights related to:

  • Marriage contracts and cohabitation agreements
  • Divorce and separation
  • Common-law marriage
  • Child custody and access
  • Child support
  • Spousal support
  • Property rights and division of assets
  • Adoption


Divorce for Same-Sex Couples in British Columbia

Applying the Divorce Act to same-sex couples may be more challenging than in traditional marriages, as the courts do not have a long history of applying the law to these cases. It is important to seek legal counsel from an experienced family law lawyer if you are pursuing a same-sex divorce. At Courtyard Law, we stay current on new legal developments in this evolving area. Our lawyers can provide a sound and compelling legal argument for your position in any contested matter, so that the judge can feel confident ruling in your favour.