Same-sex issues in Marriage & Divorce- Not dissimilar from Heterosexual Marriages
Posted: October 11, 2017
The hard-fought right for same-sex marriage has resulted in the same-sex right to divorce.On first blush, one would expect that same-sex couples have different and varying issues at hand when separating and divorcing. On some level, they do, as couples are well advised to seek out a fertility lawyer who can draw up a contract between the same-sex couple regarding their relationship to the child once the child is born. The contract also sets out the role if any the sperm donor or surrogate will have in the child's life. Having noted this, a same-sex couple has to deal with a myriad of issues such as financial strains, extra-marital affairs, drifting apart and being incompatible etc. Anyone who has dealt with separating and divorcing couples will tell you that these same issues are reflected in heterosexual marriages. Same-sex couples will need similar support/s to those of heterosexual couples and could benefit from mediation and parenting coordination if they are hight conflict in nature. Since the law has legislated same-sex marriage in Ontario, we are seeing a rise in same-sex separation and divorce. The same standards of procedure and protocols come into play with same-sex couples as they would with heterosexual couples such as role divisions prior to the breakup and needing to be what is termed a "good enough parent". The same standards of procedures and protocols come into play with same-sex couples as they would with heterosexual couples such as role divisions prior to the breakup and needing to be what is termed a "good enough parent." Same-sex couples need to acknowledge that post-divorce children have a right to a solid and meaningful relationship with both of their parents as is the case in heterosexual divorces.