Pursuant to the Civil Marriages Act (CMA), a marriage is the lawful union of two persons to the exclusion of all others. The CMA’s “two persons” requirement has been held to include same-sex persons, and consequently, same-sex couples are able to be legally married throughout Canada.
In Canada, divorce falls within the federal government’s jurisdiction and therefore, divorce law is the same throughout the country. Pursuant to the Divorce Act, Canadian divorce laws apply equally to both heterosexual and same-sex couples. Generally, in order to obtain a divorce in Canada, at least one of the spouses must be habitually resident in a Canadian province for 12 months (this is often referred to as the “residency requirement” or the “one-year residency requirement”). more