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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