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Do same-sex and common-law couples have the same family law rights as opposite sex, married couples?

April 26, 2017common-law couples family law married opposite Rights same-sex

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Do same-sex and common-law couples have the same family law rights as opposite sex, married couples?

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The short answer is, yes, regarding child support, support for the former partner and parenting issues, and no, regarding property division. Part 5 of the Family Relations Act provides that married couples have a right to an equal division of family assets on separation. Same-sex and common-law partners can elect to have the Family Relations Act apply to their property, failing which there are other options to achieve a fair division of assets. Each situation must be looked at individually.