Marriage or civil union

Divorce

In Canada, the only way for a married couple to complete dissolve the bonds of marriage is through a divorce. Divorce is granted either on the terms agreed by the spouses or following a trial before a judge.

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Amicable divorce

An amicable divorce offers a simpler, more affordable option.

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One of the parties does not reside in Québec

If one of the parties in a divorce case resides in another province or territory, or outside Canada, the federal child support guidelines apply in place of the Québec model for the determination of child support. However, the parents may use the Québec model if they both agree to do so.

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De facto separation

A de facto separation generally occurs when two spouses agree to cease living together, or when one of the spouses leaves the family home.

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Legal separation (separation from bed and board)

  • What is the difference between a legal separation and a divorce?
  • Applying for a legal separation
  • Obtaining a court judgment of legal
  • Gifts
  • End of legal separation

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Support payments for a former spouse

Following a legal separation, a divorce or the dissolution of a civil union, one former spouse may be required to pay support to the other former spouse.

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Partition of the family patrimony

  • Rules of partition
  • Calculation
  • What happens to the property not included in the family patrimony?
  • Payment by one spouse to the other
  • Payment in instalments
  • Disagreement
  • Compensation for a spouse disadvantaged by the disappearance of property prior to partition
  • Situations in which an equal partition cannot be applied
  • Renunciation of the family patrimony
  • Dissolution of a marriage or civil union by the death of a spouse
  • Settlement of a succession

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Compensatory allowance

A compensatory allowance compensates one spouse for his or her contribution, for example in the form of goods or services, to the enrichment of the other spouse’s patrimony. 

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