In the absence of any dispute, common-law spouses settle the consequences of their separation through an agreement. A draft agreement regarding property division, custody, and child support will be written.

Option: Common-law spouses can have the agreement approved by the court in order to give it legal force.

Common-law spouses do not have the same rights as married or civil union spouses. Only marriage and civil union create legal rights and obligations between spouses.

However, common-law spouses can settle the consequences of their separation through an agreement that allows them to share their property and agree on custody and child support.

This agreement can later be approved by the court to give it legal force by submitting a request to the Court.

It will be important to review your testament and mandat de protection and to consider revoking bank or general powers of attorney, as well as revoking life insurance, medical, and dental beneficiary designations.

We invite you to consult a member of the team at Notaire-Direct^® for the drafting of a clear agreement that respects the terms of the law.

Required documents

To file such an application with the Court, you will need to have the following documents in your possession:

• a copy of each spouse's respective birth certificates issued by the Director of Civil Status;
• proof of income for each spouse (e.g. notice of assessment)
• any other document related to your assets (e.g. RRSP, pension funds, properties, stocks, mortgage, etc.)