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Same-sex divorce green light despite legal wrangling

By James Barnes

15 January 2013 at 13:03 BST

An Ontario Superior Court judge brushed aside legal objections from Canada's federal government and granted a divorce to a same-sex couple.

Canadian bust up

Canadian bust up

The measure was all the more unusual as the couple had moved to Toronto in 2010 after their civil ceremony took place in London. However, Madam Justice Ruth Mesbur ruled that same-sex civil partnerships from foreign countries that don’t permit same-sex marriages can nonetheless qualify as marriages under Canadian law, reports Toronto-based newspaper The Globe and Mail.


Wayne Hincks -- one of the ex-spouses -- said he was angry at the federal authorities for stringing out a costly and emotional process by involving itself in the case. ‘The Attorney-General of Canada intervened in my very private matter and caused it to be stretched out, almost bankrupting me in the process,’ he complained. ‘I eventually had to leave Toronto with no protections, no financial support to acquire my rights and no social network to rely on for personal support.’

Canadian values

Last year, Mr Hincks had petitioned the Ontario courts to carry out the divorce, while his spouse, Gerardo Gallardo, argued that the couple could not be seen as being legally married in Canada since their union was the result of a civil partnership ceremony.
In her decision, Judge Mesbur said that doing ‘anything other than recognising this particular civil partnership as a marriage would run contrary to the express values of Canadian society.’


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