If you're in a same-sex marriage and you want a divorce, you can apply for one in Canada if:
- you were married in Canada,
- you and your spouse both live outside of Canada,
- your same-sex marriage:
- is valid in BC, but
- isn't valid in your home country, and
- neither of you can get a divorce in your home country.
Usually one person has to be a resident of the province where they apply for a divorce, but in these cases, the law lets non-residents (people who don't live in Canada) apply for a divorce in Canada if:
- you've been separated for at least one year and you don't expect to get back together,
- neither of you is living in Canada when you make the application, and
- you both live (and have lived for at least one year) in a country where you can't get a divorce because your marriage isn't recognized as valid.
You have to apply for the divorce in the province where you were married. In Canada, you apply for a divorce in the superior court of a province.
In BC, the superior court is the BC Supreme Court.
- information about how to apply for a divorce, and
- sample court forms and templates.