My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

Same-sex Relationships are Treated the Same as Opposite-sex Relationships

In Nova Scotia, same-sex couples have had the legal right to get married since 2005. Just like heterosexual marriages, some of these marriages will unfortunately break down. However, those in same sex relationship can be assured that they will be treated just like opposite-sex relationships by the legal system.

The Matrimonial Property Act Applies to Marriages & Registered Domestic Partnerships

If you are legally married or have a registered domestic partnership in Nova Scotia, then the Matrimonial Property Act will apply to you and your partner, regardless of gender. If you are in a common law relationship, you will need to rely on the same legal principles for property division as common law opposite-sex couples.

The Parenting and Support Act Generally Applies if there are Children

If you have children with your partner, the Parenting and Support Act will most likely apply to your situation. Just as with heterosexual couples, if your partner has acted as a parent to your child, even if they have not officially adopted the child, they may have rights and obligations in relation to the child.

There are often additional concerns for same-sex couples when separating, especially in cases when you have frozen embryos or surrogacy in progress. If this is the case, you are strongly advised to seek legal advice on your specific situation.

The Court is Obligated to Recognize Your Gender Identity and Chosen Name and Pronouns

It’s important to know that the court is obligated to recognize your name, gender identity and pronouns, and that there are places on the application forms to indicate those. If your legal name is different than the one you use currently, the legal name will need to be used to start the proceeding, but you can ask the court to refer to you by your chosen name, and they should comply.

Navigating the legal system as a member of the 2SLGBTQIA+ community can feel extra daunting. Hiring a lawyer who is comfortable with the system and either an ally or part of the community themselves can often make the process easier.

The lawyers and staff at Highlander Law Group are allies to the 2SLGBTQIA+ community.

By: Anastacia DesLauriers – Lawyer

Have Questions For Us?:

If you have any questions about Family Matters you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Family Matter Consult for $500+HST where you have the opportunity to explain your situation to a lawyer, get basic advice and a written summary of your options before deciding whether or not you'd like to retain us.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers