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Legal Issues

General Information.
Married same-sex couples.
Common Law same-sex couples.
The bottom-line about same-sex relationships.

General Information.
This is an area of law, which is currently in a state of flux as regards the recognition of the "married" status of same-sex couples. Certain jurisdictions recognize same-sex marriages, while others do not (for instance, the U.S.A. currently does not). It really depends which jurisdiction you are in as to whether or not your status as a legally married couple will be recognized by the courts.
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Married same-sex couples.
If you have been legally married then, assuming that the courts in the jurisdiction that you are in recognize your marriage, your situation will be dealt with in the same manner as any other married couple. If the jurisdiction your are in does not recognize the marriage of a same-sex couple, then the court will deal with your situation as if you are a couple living common law.
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Common law same-sex couples
If you live as a common law same-sex couple, then the courts will deal with your situation as they would with any other "marriage like" or common law relationship (see the common law relationships page to see how courts determine if your relationship is "marriage like"). While it is true that there may not be any consensus as to the societal perception of same-sex couples, there is agreement that same-sex couples share many "marriage like" characteristics of opposite sex couples. In order to come within the definition of a "marriage like" relationship, neither opposite-sex couples nor same-sex couples are required to fit precisely the traditional marital model to demonstrate that the relationship is "marriage like".

Some studies have indicated same-sex relationships tend to be more egalitarian that opposite sex relationships. Traditional roles of breadwinner and homemaker do not seem to be as common in same-sex relationships. Even so, a same-sex spouse may suffer a disadvantage because of his/her role in the relationship and/or as a result of relationship breakdown.
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The bottom-line about same-sex relationships.
Same-sex couples have the same legal needs as opposite sex couples when it comes to co-habitation, marriage or child rearing. Recent changes in laws, which permit same-sex couples to legally marry one anther, has removed one of the last barriers to having same-sex couples regarded in the same legal light as their heterosexual counterparts.

If you are in a same-sex relationship, and you are contemplating cohabitation, marriage or, alternatively, splitting up from your partner, one of our experienced Family Law lawyers can help you.
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