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Further Resources

  1. Prenuptial Agreements - Marriage contract and cohabitation agreement information.
  2. Uncontested Divorce - Obtain an uncontested divorce or a separation agreement.
  3. Common Law Separation - Resource for common law couples
  4. French Site - French language family law web site.

Same Sex Marriage

Are same sex couples allowed to marry?
Due to the Halpern decision of June 10, 2003, in Ontario, the answer is a definite yes to same sex marriages.

In British Coumbia, the answer is a definite yes.

In Quebec, the answer is yes after August 2004, but there may be an appeal of the court decision allowing this.

In other provinces the answer is technically yes because the Halpern decision binds the federal government, which is the government that has the power to define marriage. However, the Ontario courts cannot force other provincial governments to follow its decisions.

In Alberta, there is legislation that prohibits same sex couples from marrying, however, this is likely unconstitutional because marriage is in the federal and not provincial jurisdiction.

Finally, there are no residence requirements to get married in Ontario, so same gay and lesbian couples from all over Canada, and indeed the world, can come to Ontario to get married.

Iím living in a same sex common law relationship now - is there anything I should know before deciding to get married?
While allowing same sex marriages is a great political victory, that does not mean that it is right for all gays and lesbians. Marriage substantially affects your and your spouseís rights, so you may wish to consider these carefully before you get married.

For more details, find out the differences between marriage and common law relationships.

As well, your new marriage revokes any existing wills, unless the will is made in contemplation of your new marriage. You should have a new will drafted if you intend to marry.
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