To help serve you better, we've compiled for you general information about the law on divorce separation, and other aspects related to children and assets.

Family mediation

Should you need assistance negotiating a viable agreement suited to the particular needs of each family member, you may wish to seek out the services of a family mediator. Family mediation is a dispute resolution mechanism whereby an impartial mediator assists the spouses in the negotiation of a fair agreement they enter into of their own free will. Where children are involved, the spouses are entitled to six free sessions with a professional mediator during the negotiation and settlement of a child custody and support application and of partition of the family patrimony. The number of free sessions is limited to three if the mediation relates to an application to have a judgment varied.

Divorce Act

Sec. 8(2) (Marriage breakdown): “Breakdown of a marriage is established only if:
(a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; [...]”

Code of Civil Procedure

Art. 822 “Spouses who apply jointly [...] for divorce [...], settling the consequences thereof in a draft agreement which they submit to the court for approval, must file at the office of the court a motion to institute proceedings signed by each of them [...].”

Art. 822.1 “The draft agreement is dated and signed by the spouses. It contains a full settlement of the consequences [...] of their divorce and indicates, if such is the case, the person entrusted with the liquidation of the matrimonial [...] regime.
The draft agreement also settles the situation of the spouses and that of the children, if any, during the proceedings; [...]”

Art. 822.2 “The judge presiding at court may, before examining the final draft agreement and after ascertaining the admissibility of the application, direct that the clauses of the provisional covenant which appear to him to be contrary to the interests of the children be deleted or amended.

The judge may also, if he considers it necessary to verify that the spouses truly consent, convene and hear them, even separately, [...]”

Art. 822.3 “If the judge presiding at court finds that the draft agreement presented to him does not sufficiently preserve the interests of the children or of either spouse, he may dismiss the application for [...] divorce [...] or adjourn his decision until an amended draft agreement is presented.”

Art. 822.4 “The application [...] for divorce [...] lapses if the spouses omit to present an amended draft agreement within three months from the order of adjournment, unless the court extends the time prescribed, on the joint motion of the parties.
The application also lapses if either of the spouses discontinues the application.”

Art. 822.5 “When granting [...] divorce [...] following a joint application accompanied with a draft agreement, the court, by its judgment, confirms the agreement.”

Art. 825.8 “The Government, by regulation, shall establish standards for the determination of the child support payments to be made by a parent, on the basis of the basic parental contribution determined in respect of the child, of the child care expenses, post-secondary education expenses and special expenses relating to the child and of the parents’ custodial arrangement in respect of the child. The Government shall prescribe the use of a form and of a related table determining, on the basis of the parents’ disposable income and the number of children, the basic parental contribution, as well as the production of evidentiary documents.”

Art. 825.9 “No application relating to child support may be heard unless it is accompanied by the form prescribed for the determination of child support payments, duly completed by the plaintiff, and by the prescribed documents.
Likewise, no contestation of the application may be heard unless the prescribed form has been produced with the prescribed documents by the defendant. [...]”

Art. 825.11 “The parents may produce the prescribed form and prescribed documents jointly. If they do, they are exempted from service requirements.”

Art. 825.13 “The support to be provided to a child is determined without regard to support claimed by a parent of the child for himself.
A judgment granting support to a child and to a parent of the child must state separately the amount of support to be provided to each.”

Art. 825.14 “Parents who make a private agreement stipulating a level of child support that departs from the level of support which would be required to be provided under the rules for the determination of child support payments must state precisely, in their agreement, the reasons for such departure. [...]”

Art. 827.5 “[...] no ruling may be made on an agreement relating to an obligation of support submitted by the parties unless the sworn statement [...]has been filed by each of the parties at the office of the court. [...]”

Art. 827.7 “Any party to an agreement relating to an obligation of support submitted in connection with an application governed by this Title must, where applicable, declare the fact that the party is a recipient under a last resort financial assistance program or received benefits under such a program during the period covered by the agreement.”

Rules of Practice of the Superior Court of Québec in Family Matters

Rule 18 “Child custody [...]: A party who applies for custody of a child [...] must attest that the child is not the object of a court decision, nor a pending case before a court or of an agreement with the Director of Youth Protection, or, if such is the case, must give the particulars of such decision or pending case or agreement.”

Rule 20.1 “Birth certificates: Providing children’s birth certificates as evidence is not required unless their filiation is in dispute. Similarly, photocopies of the parties’ birth certificates are sufficient.”

Rule 22 “Attestation of birth: In every application for divorce, an attestation of birth for each spouse, drawn up in accordance with Form II, must be enclosed [...] in the case of a joint application, with the application.
A case may not be inscribed or an application filed without such attestations.
The attestation shall be attached to the copy of the judgment that is sent to the Registrar of Civil Status.”

Rule 25 “Joint application: All exhibits shall be filed with the Court Office at the same time as the joint application.”

Rule 29 “Consent or draft agreement: The consent or draft agreement of the parties or their affidavits for judgment shall describe each party’s financial resources and situation, unless they have completed and submitted a sworn financial statement in accordance with Form III or, as the case may be, with the form for fixing child support.”

Rule 31.1 “Renunciation: A party who renounces the partition of benefits accrued during the marriage or the civil union under a retirement plan or the partition of earnings registered in the name of a spouse pursuant to the Act respecting the Québec Pension Plan or a similar plan shall confirm that he or she knows the extent of the value which may be partitioned and the possibility of being informed of its exact amount.”

Act respecting income support, employment assistance and social solidarity

Sec. 43 [...] The recipient must, [...] inform the Minister of the content of an agreement in respect of the obligation of support at least 10 days before its presentation to the court. [...]”