A lawyer has argued that thousands of foreign gay couples who wed in Canada are not legally married, as their weddings are not recognised in their home countries. Department of Justice lawyer Sean Gaudet is arguing a case where a lesbian couple which wed in Toronto in 2005 is seeking a divorce. One woman is from Florida and the other is from Britain. "Neither party had the legal capacity to marry a person of the same sex under the laws of their respective domicile - Florida and the United Kingdom," Gaudet has argued. "As a result, their marriage is not legally valid under Canadian law." He added married couples are required to live in Canada for at least one year to qualify for a divorce. Nine News says the case, which is to be decided next month by an Ontario Superior Court judge, could affect more than 5,000 couples from the United States and other countries who in the past six years have flocked to Canada to marry.
Credit: GayNZ.com Daily News staff
First published: Friday, 13th January 2012 - 11:50am