Same-sex couples go through some of the same problems as their heterosexual counterparts. Marriage isn't for the faint of heart at times, and there are instances when it just stops working and married couples decide it would be best to divorce. But there may be some differences when it comes to same-sex couples in Canada calling it quits.
Cheating hearts play into the reasons why couple may split up, but infidelity as a legal grounds for divorce must be accompanied by physical evidence. Besides, British Columbia -- and all provinces in Canada -- have what is known as no-fault divorce. So basically the only way adultery plays a part in a divorce situation is if said adultery had an impact on family finances in the marriage or if it affected the capacity to make child support payments.
Children often bear the biggest hurt when their parents split up. Even young children -- those who aren't in school yet -- are likely to realize that something has changed. A study has showed that young children of divorce who spend equal time with both parents (rather than one parent having sole custody) do much better in dealing with the changes in their lives that divorce brings. Kids in British Columbia who are co-parented act out less and seem to be more well-adjusted emotionally.
There may be reasons a couple splits up but doesn't go the entire distance. In other words, a couple lives separate lives in separate households, but they never take the final, legal step to formally end the marriage in divorce. In Canada, that may cause cause some problems should one spouse pass away.
An easy divorce seems like an oxymoron. But, in the 21st century a smooth-as-silk divorce apparently is possible in Canada. Not to mention the emotional toll it can take on the individuals and family members involved, divorce can be complicated and the process confusing. But having the right information about the process can go a long way to making it less stressful.
The federal Divorce Act is set to see some changes soon. Bill C-78, introduced in the House of Commons on May 22, is the first major change to the law in 20 years that will affect divorce in British Columbia and all of Canada. For starters, the language of the act will take on a more modern note, specifically regarding child custody and child access. In fact, the word custody itself will be replaced by more 21st century phrases like parenting time or decision-making responsibility.
What happens when a couple used to the finer things in life gets divorced? In some cases, it could depend on the real estate market or a host of other seemingly unrelated factors. Spousal support, or money that is paid to one spouse by the other following a divorce, is assessed based on a range of factors. The intention behind spousal support is to ensure that neither party suffers from economic hardship as a result of the marriage’s breakdown and often takes into account the length of the relationship, economic positions, and the role that each spouse played in the relationship.
Most couples having problems want to try everything to work things out. No one gets married with the idea that the union will end in divorce. But if a British Columbia couple has gone through the gamut of tools in their arsenal to try to work things out and nothing seems to be working, does a therapist ever suggest that perhaps divorce is the answer after all?
When separation means having to share certain assets, there may be occasion when one spouse is less than stellar when it comes to being transparent about all earnings or assets. Divorce in Canada can bring out the worst in some people and that includes greediness. So, it may be necessary for one spouse to catch the other spouse who is being dishonest about finances.
What happens to property when a couple splits up depends upon their status. If a couple in Canada is married, the spouses have definitive ways in which property is divided. That isn't so if a couple has been in a common law union. Married couples who separate haven't formally ended the marriage until they are granted a divorce. As soon as a common law couple decide to call it quits, that's the end of the relationship and no legal formalities are needed.