In the absence of a dispute, the spouses settle the consequences of their separation by drafting an agreement that will be presented to the court in a petition for legal separation based on a proposed agreement. A complete agreement will be drafted, including: child custody, child support, division of assets, spousal support, and compensatory allowance.

Legal separation is established by an official judgment of separation issued by the Superior Court when the spouses no longer wish to live together.

The spouses remain married and therefore cannot remarry. They no longer have to live together, but other rights and obligations arising from the marriage remain.

An amicable legal separation is possible if:

• The spouses agree on all the consequences of their separation, namely:
• child custody
• child support
• division of assets under the family patrimony, matrimonial regime, and co-ownership
• spousal support
• compensatory allowance
• They have been separated for more than a year

Adultery and mental cruelty cannot be invoked.

The spouses can appoint a single legal advisor, which will result in lower professional fees.

If necessary, the spouses should consult different professionals to assess the tax implications of their separation.

If the spouses are subject to the family patrimony, it will be necessary to establish the value of the assets included in the family patrimony, taking into account deductible debts and tax debts, in order to determine the claim that will be due to one of the spouses.

In addition, if the spouses are married under the regime of the partnership of acquests, they will have the option to request or not the division of the value of the acquests, and therefore, it will be necessary to determine the value of the assets acquired after their marriage, taking into account, if applicable, the rule of rewards established by the Civil Code of Quebec.

Once the agreement is completed and accepted and signed by the spouses, it must be filed with the court in a petition for legal separation, so that it can be approved by a judge and the legal separation can be granted.

It will be important to review your testament and mandat de protection and to proceed with the revocation of banking or general powers of attorney, as well as the revocation of life insurance, medical, and dental beneficiary designations.

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

Required documents

To prepare such a file, you will need to have the following documents:

• a copy of your respective birth certificates issued by the Director of Civil Status;
• the original copy of your marriage certificate;
• if applicable, a certified copy of your marriage contract received before a notary;
• if applicable, a certified copy of the waiver of the family patrimony division if you got married before July 1st, 1989
• 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.)