LEGAL SEPARATION

What does it mean?

Legal separation is similar to divorce with the difference that when a decision for a legal separation has been rendered, the parties continue to be married. Generally, the parties are in agreement concerning access to children, if need be, alimony, partition of assets and other consequences of the break-up. Should there be no agreement, the Court renders the necessary decisions.

Why should we consider it?

Because you have decided not to live together with your spouse, and there exists the possibility that you may get back together again or that you envisage divorce as a too definite solution.

Legal separation

If you decide to settle your separation out of court through a lawyer/mediator, he will prepare your agreement on access to children, alimony, sharing of goods, etc. and he will obtain a judicial decision confirming your agreement.

If you decide to settle your separation without the benefit of mediation, your lawyer will transmit the legal proceedings to your spouse asking for a judicial decision as to legal separation, child custody, if need be, alimony, sharing of goods, etc. and the Court will pronounce the appropriate judgment after hearing the parties, in accordance with the Code Civil du Québec measures.

DIVORCE

What does it mean?

Divorce is similar to a legal separation, with the difference that when a judgment is rendered by the Court, the parties ceased to be married.

Why should we consider it?

Because you have decided not to live together with your spouse and that there no longer exists any reasonable hope that you will reconsider doing so in the future.

Divorce

The divorce process is the same as that of the legal separation.

RATIFYING AGREEMENTS

What does it mean?

The lawyer/mediator or the lawyer prepares the legal separation/divorce procedures and asks for court confirmation of the agreement signed by the parties.

Why should we consider it?

To encourage the parties to respect the commitments stipulated in their agreement.

Ratification of an agreement

Within a request for a legal separation, a request for a divorce or an independent request, the Court is asked to confirm the agreement signed by the parties while ordering them to respect and conform to such an agreement.