By the editors of Family Lawyer Magazine
Judge says civil partners from the UK can divorce as married Canadian couples – Hincks v Gallardo
A gay couple with a British civil partnership has been deemed as married and therefore are subject to the same divorce rights of Canadian married couples.
Wayne Hincks and Gerardo Gallardo entered into a civil partnership in London in 2009. They emigrated to Toronto in 2010 and became Canadian citizens. This ruling means Hincks cam launch a claim for the same divorce rights a Canadian married couple would normally be entitled to, whether gay or straight.
This case could set a precedent for the legal status of couples who have been formally partnered in other countries that do not allow same-sex marriage.
Record-breaking Divorce Ruling Struck Down Marriage Contract : McCain v McCain
Ontario Judge ignored marriage contract signed by Michael McCain and Christine McCain that says in case of a divorce, there will be no alimony payment going to Mrs McCain, just a lump sum of $7 million and the matrimonial home. The judge awarded her an interim spousal support payment of $175,000 a month.