Same Sex Divorce in BC: Now Allowed for Non-Residents

Canadian law makers in Ottawa passed the “Civil Marriage of Non-Residents Act” on August 16, 2013 which allows same sex marriage partners who live outside of BC to apply for a divorce in this province . This is long past due since the Civil Marriage Act allowing same sex marriage was passed in 2005 but did not provide a way for those couples to divorce. Like many other marriages, same sex couple often find themselves in a position of marital break down.

When the “Civil Marriage Act” was passed in 2005, couples came to BC from all parts of the world to marry since same sex marriage is not allowed in most jurisdictions. Upon returning to their homes, many couples found their marriages not legally recognized and if their marriages broke down, there was no legal process to divorce, including in BC where they were married since the Divorce Act required them to be “ordinarily resident” in Canada.

Therefore, the “Civil Marriage of Non-Residents Act” addresses that problem, allowing non-resident, same-sex spouses who have lived separate and apart for a period of at least one year to apply for divorce in the province in which they were married.

Regardless of where you live in this big world and you live in a jurisdiction that doesn’t recognize your BC marriage, and if you’re contemplating divorce, don’t hesitate to contact us. If it’s an uncontested divorce, call us at 250.707.0928, or fill in one of our forms to request a consultation.