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Separation and Divorce in Quebec
The breakdown of a marriage or union raises distinct questions: marital status, children, property and financial support. This page sets out general concepts and official sources; it is not a substitute for legal advice.
What this means
In Quebec, divorce falls under federal law (the Divorce Act) while several property effects fall under Quebec law. Divorce applications are brought before the Superior Court of Québec. De facto (common-law) spouses are not subject to the same property rules as married people.
Common situations
- Mutual agreement on the terms of the separation
- Disagreement over custody or parenting time
- Child support or spousal support questions
- Division of family patrimony
- Use of family mediation
- A situation involving domestic violence
General process
Procedures vary depending on the court, tribunal or circumstances. Consult the official government resources below or speak with a qualified legal professional.
Official government information
- Ministère de la Justice du Québec ↗
- Cour supérieure du Québec ↗
- Éducaloi ↗ Plain-language legal information from a recognised non-profit.
- Directeur de l’état civil ↗
- Commission des services juridiques (aide juridique) ↗
Documents commonly requested
Depending on your situation, the documents requested may vary.
- Marriage or civil union certificate
- Documents relating to the children
- Income statements and tax returns
- Inventory of assets and debts
- Any earlier agreements or judgments
Frequently asked questions
Which court hears divorce applications in Quebec?
The Superior Court of Québec has jurisdiction over divorce. The Ministère de la Justice du Québec publishes general information on family law proceedings.
What is family mediation?
Family mediation is a process in which an impartial third party helps the parties discuss the terms of their separation. The Quebec government publishes official information on the family mediation service and its conditions.
Do de facto spouses have the same rights as married people?
The applicable regime differs. Éducaloi and the Ministère de la Justice du Québec explain the general distinctions between marital statuses.
You may wish to speak with a qualified legal professional if your situation involves deadlines, significant amounts, or disputed facts. Individualised advice is often necessary.
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Other legal situations
Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Laws and procedures may change, and every situation is unique. If you need advice about your specific circumstances, consult a qualified lawyer or legal professional. MTLPages is not a law firm.