The effects of a de facto separation of married spouses are very limited, since there is no court order to officially settle the legal effects of separation. There are no legal effects, even if the couple’s “community of life” ceases.
If the couple is childless, the union can be dissolved through a joint declaration and notarial contract. Spouses who agree on the division of their property and family patrimony may dissolve their union without any further formalities. This is a true amicable separation with no court intervention.
An amicable separation agreement provides for all the consequences of the separation.
Mediation may require from three to five meetings lasting one or two hours each, and sometimes more depending on the complexity of the case.
The presence of a mediating notary ensures that the solutions chosen are fair and equitable to both spouses and that they comply with the laws in force. The mediating notary remains neutral, providing all the legal information necessary for the parties to make informed decisions.
It is possible to end a marriage in an atmosphere of agreement through an amicable separation. An amicable separation has many advantages when compared to a judgment obtained in an atmosphere of confrontation or contestation. This kind of separation takes less time, reducing costs and professional fees.
Separation from bed and board can only result from a court judgment which sets out the legal effects of separation, including custody, child support and the partition of certain property.
The presence of the mediating notary ensures that the solutions chosen are fair and equitable to both spouses and that they comply with the laws in force. The mediating notary does not offer an opinion, but rather provides all the legal information necessary for the parties to make informed decisions.
The objective of family mediation is to help spouses reach a fair agreement with respect to the effects of the separation. It is carried out in the presence of a mediator who will help them reach this agreement. Mediation fosters communication between the parties. Mediation may be limited to the partition of property or the custody of children.
Couples cannot decide for themselves the amount of child support, and must comply with the scale established by law.
Divorce must by granted by the courts. The only possible cause of divorce is the breakdown of the marriage, which can be invoked on one of the following three grounds: Spouses have been living separately for at least one year, Adultery , Physical or mental cruelty
Family patrimony was added to the Civil Code of Québec in 1989 in order to put an end to certain inequalities, particularly in cases when couples had opted for a regime of separation as to property. This would often happen when one of the spouses had not entered the labour market in order to care for children, for example. Family patrimony rules thus attempt to foster economic equality between spouses.