Same Sex Lawyers in Toronto

Legal Support for LGBTQ+ Families

At Giving Tree Family Law, our same sex lawyers in Toronto assist LGBTQ+ couples with divorce, separation, parenting, adoption, property division, and spousal support. We provide legal guidance grounded in equality and respect, with a clear understanding of the unique challenges faced by same-sex families.

Your rights under Ontario and federal family law are the same as those of any other couple, and we are here to help you protect them.

Why You Might Need a Same Sex Lawyer in Toronto

Even though same-sex couples now enjoy legal protections, unique issues sometimes arise, especially in family disputes. You may face questions such as:

How to protect parental rights for the nonbiological parent
How division of property should work in a same-sex separation
What happens when your marriage is recognized in one jurisdiction but not another
How support obligations apply regardless of gender or sexual orientation
How to deal with common-law status for same-sex couples

We understand these situations. We also recognize that you deserve legal support without inflated costs or being dismissed.

Legal Rights for Same-Sex Couples in Ontario

Same-sex couples in Ontario are protected under the same statutes that apply to opposite-sex couples. These rights ensure equality in areas such as divorce, support, parenting, and adoption.

Divorce and Separation

Under the Divorce Act and Ontario’s Family Law Act, same-sex married couples can pursue divorce or separation through the same processes as any other married couple. This includes access to equal rights regarding spousal support, custody, and property division.

Common-Law Partnerships

Ontario law treats common-law same-sex partners in many of the same ways as opposite-sex partners. For example, spousal support rights may apply if the couple meets the eligibility requirements. Property division, however, may follow different rules compared to married couples.

Parental Rights and the All Families Are Equal Act

The All Families Are Equal Act affirms that same-sex couples who build families through assisted reproduction or surrogacy enjoy equal parental rights. Nonbiological parents can be legally recognized and protected under Ontario law.

Adoption Rights

Same-sex couples may adopt children in Ontario on the same legal basis as married or single individuals. Adoption laws do not discriminate on the basis of gender or sexual orientation.

What We Help With — Areas Where a Same Sex Lawyer Matters

We assist Toronto couples in these key areas:

Separation & Divorce for Same-Sex Couples

Married same-sex couples can access the same divorce processes, spousal support, and custody laws as opposite-sex couples. In cases where the marriage took place abroad or in a jurisdiction with different rules, we help determine which law applies and how to proceed.

Parenting, Custody & Adoption

We guide non-biological parents in securing parental recognition, parental agreements, and custody/visitation orders. We also support same-sex couples through adoption, surrogacy declarations, and guardianship processes.

Spousal Support & Financial Support

Same-sex partners may qualify for spousal support if they meet certain criteria (such as length of cohabitation or joint children). We evaluate your circumstances, negotiate support orders, and represent you in court if necessary.

Property, Assets & Financial Claims

Ontario does not automatically distribute property for common-law couples. In separation, claims may rest on unjust enrichment, constructive trust, or agreement terms. We assist with assessing fair compensation, negotiating settlement terms, or, if needed, pursuing litigation.

Cross-Jurisdiction / Out-of-Province Issues

Some same-sex couples marry in one jurisdiction but reside in another. We analyze conflicts of law, jurisdictional rules, and help you navigate where to file support, divorce, or custody.

Unsure about your rights as a same sex couple in Toronto?

SPEAK WITH OUR LAWYERS TODAY

Our Approach as Same Sex Lawyers in Toronto

We follow a step-by-step process so you know what to expect at every stage.

Step 1: Listening to Your Story

We begin by learning about your situation, concerns, and goals. This helps us understand what matters most to you and your family.

Step 2: Explaining Your Options

We walk you through the legal paths available, such as negotiation, mediation, or court, so you can make informed decisions about how to move forward.

Step 3: Preparing Key Documents

We draft and review agreements, declarations, and other necessary paperwork with care, making sure your rights and intentions are clearly reflected.

Step 4: Representing You in Disputes

If issues cannot be resolved through discussion, we represent you during negotiations and, if required, in court. Our goal is to pursue outcomes that are fair and practical.

Step 5: Ongoing Guidance and Support

Throughout the process, we remain available to answer questions, provide updates, and offer support during what can often be an emotional time.

Step 6: Fair and Transparent Fees

We believe quality legal services should be accessible. That’s why we keep our fees reasonable and clear, so you can focus on your case without added financial strain.

Why Families Choose Giving Tree Family Law

Respect and Trust

We provide legal support that values your family’s dignity. Our same sex lawyers in Toronto are committed to creating a safe, respectful space where you can share your concerns openly.

Clear Legal Direction

We explain family law in plain language so you understand every step of the process. Whether it’s divorce, parenting, or adoption, we help you make confident decisions that reflect your goals.

Fair and Accessible

We believe quality family law services should be within reach. Our lawyers keep fees clear and affordable, and we also assist clients who qualify for legal aid. This way, you can access the support you need without added financial stress.

Frequently Asked Questions

Can a nonbiological parent in a same-sex relationship gain legal rights?

Yes. In Ontario, the All Families Are Equal Act helps nonbiological parents secure rights through agreements, declarations, or court orders. This ensures that both parents in a same-sex relationship can be legally recognized.

Does spousal support work the same way for same-sex couples as for opposite-sex couples?

Yes. Spousal support obligations apply equally to all couples. Courts use the same tests based on length of the relationship, financial circumstances, and need versus ability to pay.

If we never married, do we still have rights under common-law status?

Yes. In Ontario, common-law same-sex partners may have rights to spousal support if certain criteria are met (such as living together for three years or having a child together). However, property division for common-law partners is more limited compared to married couples.

Is same-sex divorce different from opposite-sex divorce?

No. Same-sex divorce in Ontario follows the same rules under the Divorce Act as opposite-sex divorce. However, if the marriage was performed outside Ontario, recognition of that marriage may need to be clarified before divorce proceedings can begin.

Can same-sex couples adopt children in Ontario?

Yes. Ontario law allows same-sex couples to adopt on the same basis as opposite-sex couples. Adoption rights are not restricted by gender or sexual orientation.

Do same-sex couples need special agreements for parental rights?

In many cases, yes. When children are born through assisted reproduction or surrogacy, legal agreements and declarations help confirm parental rights—especially for the nonbiological parent.

What happens if our same-sex marriage is not recognized in another country?

If you married in Ontario, your marriage is valid here. Some countries still do not recognize same-sex marriages, which can affect travel, relocation, or divorce outside Canada. A same sex lawyer in Toronto can explain how this may impact your situation.

Are prenuptial or cohabitation agreements available for same-sex couples?

Yes. Same-sex couples can enter into marriage contracts, cohabitation agreements, or separation agreements just like any other couple. These documents help define rights and obligations in advance.

Can grandparents in same-sex families seek access to their grandchildren?

Yes. Grandparents, regardless of the family structure, may apply for access or custody if it is in the best interests of the child.

Do same-sex couples have equal rights in property division during divorce?

Yes. Married same-sex couples are subject to the same equalization of property rules under the Family Law Act as opposite-sex married couples.

Contact Us — Your Toronto Same Sex Legal Team

If you are facing a separation, parenting challenge, property dispute, or any family issue as a same-sex couple, you deserve guidance that is fair, respectful, and tailored to your life.

Speak with one of our Toronto same sex lawyers. We offer a complimentary consultation where we review your situation, confirm your legal options, and help you decide on your next steps.

Giving Tree Family Law Headquarters

300 Bloor Street East, Toronto, Ontario M4W 3Y2, Canada

Email: info@givingtreefamilylaw.ca

Phone: 1 (833) 448 4648