False. A notary can also give you legal information and advice about the steps to follow in the event of a breakup. However, unlike a lawyer, a notary cannot file an application in court on your behalf or represent you there.

Notaries play a unique role in the breakup of spouses in a civil union who do not have minor children. These spouses can put an end to their civil union before a notary if they are able to settle all of the legal consequences of their breakup by making a joint declaration and signing a contract.

To learn more, visit the website of the Chambre des notaires du Québec.

In theory, this is true. However, the reality is that moving out and leaving your ex-spouse to care for your home and your children can have an impact on your right to use the home and on the judge’s decision about child custody.


The judge can give a married or civil union spouse the exclusive right to temporarily live in the family home.

The judge considers the following factors when asked to award the use of the family home to one of the spouses:

• the drawbacks for each of the family members involved
  
• the best interests of the children
  
• each spouse's ability to find another place to live

If you willingly leave the family home, the judge may conclude that you are able to find housing elsewhere, and that you are not really inconvenienced by the situation.

Be careful! This does not mean that a spouse should not move out for fear of losing her rights.

If you have any doubts, consult a legal professional, who can help you make an informed choice based on your situation.


You may decrease your chances of getting sole custody of the children if you move out and leave them in your spouse’s care.

You should know that the stability of the children is an important factor in the judge’s decision-making process regarding custody. The more time passes, the more likely it will be that the judge will maintain the custody arrangement in place since the breakup.

If you have willingly given your spouse custody since the breakup, you will have trouble convincing the judge that allowing your spouse to keep custody of the children is not in their best interests!

To learn more about the factors that the judge considers when making a custody decision, consult our Infosheet Child Custody.

False. Your lawyer can prepare the required paperwork for your application in divorce but she will need certain documents that you have or that you could obtain faster than she could. It is definitely something to consider before moving out.

Apart from these documents, there are other practical considerations to keep in mind.


You must generally include the following documents with your application for divorce:

• your birth certificate as well as your spouse's
  
• your marriage certificate
  
• your marriage contract (if you have one)

In some cases, you will need to include other documents, such as:

• the birth certificate of each child
  
• any youth protection judgment
  
• any agreement you have with the Director of Youth Protection
  
• the legal act passed before a notary renouncing the application of the rules of the family patrimony
  
• the agreement in which you settle all aspects of your breakup
  
• the official translation of your marriage or birth certificates if they are drafted in a foreign language

Furthermore, any specific request made to the judge during the divorce proceedings must be supported by relevant evidence. For example:

• To get spousal or child support from your spouse (that is, a sum of money required to meet your financial needs or those of your children), you must show proof of your income as well as what you own and what you owe (your level of indebtedness). This can be done by providing the judge with pay stubs, income tax returns, credit card statements or any other relevant documentation.
  
• To divide your family’s belongings and property, you must prove the value of each item in question. This can be done by providing sale or loan documents, the statement of the current value/balance owing and the statement of the value/balance owing at the time of marriage.

It is a good idea to collect these and any other relevant documents before you move out. Sometimes, photocopies are sufficient.


There are also practical things to bear in mind, such as what to bring with you (personal items and children’s belongings), where to move, how to meet financial needs (both the person who will be making support payments and the person receiving them have to consider this), how to handle joint bank accounts/credit cards, etc.

Preparing yourself ahead of time is often the best way to ensure your rights are protected. Remember that your lawyer can give you advice suited to your situation.

False. A judge can only grant you a divorce if you find yourself in one of the following situations:

1. You and your spouse have been living separately from one another for at least a year.
   
2. Your spouse has committed adultery (that is, he has had sexual relations with another person) and you do not forgive him.
   
3. Your life together as a couple has become intolerable because your spouse has treated you with mental or physical cruelty.

For further information, consult our Infosheet Having the Right to Get Divorced.

False. Legal separation (also known as “separation from bed and board”) and divorce essentially lead to the same results regarding custody, child support and the division of family belongings and property.

However, only divorce ends the marriage. Legally separated spouses are still married. This is an important distinction. Unlike someone who is divorced, a person who is legally separated:

• can only remarry if his spouse dies
  
• can automatically inherit from his spouse's succession (estate) if that spouse dies without a valid will
  
• must stay faithful to his spouse
  
• cannot permanently waive his right to receive spousal support (A spousal support payment is a sum of money paid by one spouse to another to help him meet his financial needs.)

This list is not exhaustive. For further information, consult our Infosheet Legal Separation.

False. Even if a couple has lived together for a long time and even if they have children together, the law never considers de facto partners automatically “married”.

This means that:

• If one of the de facto partners dies without leaving a will, the other partner will not automatically inherit from him.
  
• If they break up, neither de facto partner will have the right to obtain support payments from the other (a sum of money to help meet his needs).
  
• If they break up, the value of the family belongings and property will not be divided between the de facto partners, unless they co-own them. In general, each de facto partner keeps only what’s his.

Can de facto partners protect themselves against the fallout of a breakup?

Yes. De facto partners can protect themselves even if they are not considered married. Many de facto partners sign a cohabitation contract, which is an agreement between the partners of a de facto union to settle issues arising after a breakup.

Furthermore, some laws protect de facto partners in certain circumstances. This is the case, for example, with tax laws.

To learn more about laws that protect de facto partners, cohabitation contracts, and the recourses available to de facto partners, consult our Infosheets De Facto Unions and Cohabitation Contracts.

False. Both parents are equal in the eyes of the law. The father or mother can be granted custody of the children. Alternatively, custody can be granted to both parents. A judge's decision will be based on the family's situation and the best interests of the children.

As such, the determining factor will always be the best interests of the children. The decision-making process is not about trying to please one parent or the other.

To learn more about child custody, consult our Infosheet Child Custody.

False. The determining factor for decisions regarding child custody or access rights is the best interests of the child.

However, when evaluating a child’s best interests, a judge will take family violence into account by looking at the following factors in particular:

• the type of violent acts and how often they occurred
  
• when these violent acts took place
  
• who was the victim of these violent acts
  
• whether the children were present when these violent acts took place
  
• the effect these acts may have had on the children

If the judge determines that the violent parent poses a risk to the safety, stability or development of the children, the other parent will be given sole custody. In these situations, the access rights of the violent parent may be restricted, supervised or even refused.

On the other hand, if the judge believes that the violence was an isolated incident, that it was not directed towards the children, and that it did not have an impact on them, he may not give the incident much weight when deciding on custody or access rights.

It depends. Just because a partner/spouse was kind and affectionate with his partner/spouse’s children does not mean he will be considered a parent or that he will have rights and obligations toward them.

The rules in this type of situation are as follows:


All partners and spouses except those getting a divorce:

If they break up, these stepparents are not obliged to pay child support for their stepchildren (that is, a sum of money to pay for the children’s needs).

Spouses who are getting divorced:

In the event of a divorce, a spouse does not automatically have to pay child support for his stepchildren. He may have to pay child support if he stands in place of a parent to the children.

To determine whether or not the spouse stands in place of a parent, a judge will examine the following factors:

• the child’s opinion, and
  
• the spouse's intention to take the child on as his own

A judge will particularly look at:

• whether the child has participated in extended family life as a biological child would
  
• the relationship between the child and his absent biological parent
  
• the spouse’s financial contribution to the needs of the child
  
• whether or not the spouse disciplined the child in the same way a parent would
  
• how the spouse presented his relationship with the child to the child, the family, the world

Based on the analysis of these factors, the judge will decide whether or not to order the stepparent to pay child support for his stepchildren.


When questions of child custody arise, the law gives priority to the parents of the children. Nevertheless, it is possible that the best interests of the children require that custody or access rights be given to someone else.

That means that a stepparent can get custody of his stepchildren. However, judges usually prefer to give access rights in this type of situation, subject to the best interests of the children involved.

False. There are specific rules in place to determine the amount of support payable by a spouse. This sum of money is given by one spouse to the other to meet the needs of the children and/or of the other spouse.

The rules ensure that the spouse who is paying does not end up in too difficult a financial situation.

Here is an overview of how the amount to be paid is determined:

• Child support payments have priority. Their amount will be determined before calculating spousal support.
  
• Child support is calculated according to legal guidelines that take into account both parents’ income, the number of children and the type of custody arrangement.
  
• A parent with income of less than $10,100 per year is not obliged to pay child support.
  
• Special circumstances are also taken into account, for example, if a spouse is already paying support for a child from a prior relationship, or if a spouse is responsible for paying all household debts.
  
• Essentially, the support payment cannot be more than half the disposable income of the spouse who is paying.
  
• After the amount of child support has been calculated, spousal support will be determined, if need be. The amount of spousal support is determined in light of the amount of child support being paid, the needs of the spouse receiving the payment and the financial capacity of the spouse who is paying.

Keep in mind that a de facto partner (a partner who is not married nor in a civil union) does not have to pay spousal support, nor does he have the right to receive it.

Support payments are not intended to make one ex-spouse better-off at the expense of the other. But, keep in mind that it is likely that each of the ex-spouses will notice a change in his standard of living, at least temporarily, following a breakup.

To learn more, consult our Infosheets Spousal Support and The Quebec Model for the Determination of Child Support.

It depends. Remember that divorce applies only to couples who were married. Legal proceedings between de facto partners often only involve custody arrangements and child support, which greatly simplifies and accelerates the process.


If married spouses agree on all the consequences of their breakup, a divorce judgment can be obtained in a matter of weeks or months depending on the grounds for divorce and the court's ability to process the file.


On the other hand, if the spouses disagree on one or several consequences of the divorce (for example, the division of property or child custody), the proceedings will last much longer. In these cases, the process could take months or even years.

In the meantime, one or both spouses can ask for a judgment to address specific urgent matters. These types of urgent judgments are known as “interim” or “provisional” judgments, depending on the circumstances.

False. There is no need to have a hearing on custody if the parents can agree on this issue.

If the Parents Agree

If the parents agree about child custody arrangements, they (or their lawyers) can draft an agreement that will be filed in court and considered as a judgment. There is no need to have a hearing.

If the Parents Disagree

If the parents disagree about child custody arrangements, a hearing will be required so that a judge can settle the issue.

While waiting for the hearing date (which could be several months down the road), it is possible to temporarily obtain an urgent judgment. This type of judgment is called an “interim”. Since an interim judgment is made on an urgent basis, the judge bases his decision only on the documents submitted to him. It is therefore not an actual trial.

Following the interim judgment, married spouses or spouses in a civil union can obtain a provisional judgment, which is valid until the final judgment. As for de facto partners, they skip directly to the final judgment.

Let’s take a closer look at these three types of judgments:


How can an interim judgment be obtained? By submitting a written request to the court (known as a "motion") explaining to the judge what you are requesting and why. (For example, Mrs. X would like sole custody of her children because she has always been their primary caretaker.)

This motion is normally accompanied by two sworn statements called "affidavits" and by a notice that sets a date for the interim hearing. The first affidavit confirms that everything stated in the motion is true. The second affidavit, called a “detailed affidavit", contains a detailed explanation of the general statements made in the motion. For example: “I was the primary caretaker of the children since their birth. I changed them, bathed them, fed them and read them bedtime stories”. Both sworn statements must be written from your perspective, that is, in the first person singular (“I ...”).

The person making these sworn statements must sign them and solemnly declare that he or she is telling the truth in front of a person with the power to administer an oath (known as a commissioner for oaths).

Each spouse can make a detailed affidavit to explain his or her point of view or respond to the statement of the other spouse.

How does a hearing to obtain an interim judgment work? Because an interim judgement is rendered on an urgent basis, the spouses cannot verbally express their points of view to the judge. In other words, they will not be examined or cross-examined.

Typically, the spouses’ lawyers will explain their clients’ positions to the judge, based on the positions expressed in the motions and affidavits.

The judge will read these documents and the other legal paperwork in the file, and will hear what the lawyers have to say. The judge can also ask the lawyers questions before arriving at a decision based on what he has read and heard.

How long does an interim judgment last? An interim judgment expires after 30 days. However, it is possible to prolong it until a "provisional" judgment is obtained.


If the spouses continue to disagree, they will set a date for a hearing to obtain a provisional judgment. As opposed to the procedure for an interim judgment, at this hearing the spouses will be able to express their points of view orally and call on witnesses to testify. Each person can therefore be examined and cross-examined.

A provisional judgment temporarily solves questions relating to child custody until a final judgment is rendered.


The question of child custody will be settled once a long-term agreement has been reached between the partners/spouses, or when the court makes its final decision.

It is important to point out that child custody arrangements can always be modified (either by agreement between the spouses or by a court judgment) if there are major changes in the children’s situation or that of their parents.

For more information on court proceedings in family matters, visit CôtéCour - Superior Court – Family Matters.

Unfortunately, this is true! An amicable divorce can cost as little as a few hundred dollars, while a contested divorce can cost several thousand, even hundreds of thousands of dollars.

An "amicable" divorce means the spouses agree about the consequences of their divorce. A "contested" divorce means the spouses do not agree.

The best way to limit the cost of a divorce is to be flexible and open-minded throughout the process.

There are several lower cost alternatives to a court hearing to help spouses agree on the legal consequences of their divorce. Here are some popular alternatives:

• Family mediation (free of charge): Spouses with children are entitled to six family mediation sessions, free of charge, with a certified mediator. The mediator’s role is to help the spouses agree on the legal consequences of their divorce.
  
• Negotiation between lawyers: If both spouses hire lawyers and authorize negotiations between them, the lawyers can try to reach an agreement on behalf of their clients and avoid a court hearing.
  
• A settlement conference: At any step of the proceedings, the spouses can agree to a settlement conference (meeting), which is run by a Superior Court judge.

None of these alternatives will be helpful if one or both of the spouses make unrealistic demands, or are motivated by resentment and revenge.

When thinking about the cost of a divorce, it is important to keep in mind that legal and expert’s fees are not the only divorce-related expenses. The following costs should also be considered:

• court fees required to open a file
  
• loss of income for time spent at the courthouse or in a lawyer’s office
  
• increased stress from drawn-out legal proceedings

Lastly, it may be a good idea to ask yourself the following: "Is is really worth spending so much time, money and energy to get exactly what I want?"