Spouses do not have to be legally separated before divorce: they can file for divorce without first being separated. In this case, the court grants a separation without legal breakdown on one of the grounds provided for by law: when a couple separates with children, the parents must decide on the rules of custody. Custody can be taken care of by a parent or shared between them. Parents can contact a family mediator to reach an amicable agreement on child custody. If they cannot reach an agreement, they can have their legal representatives tried. The judge establishes custody agreements as well as access and exit rights when sole custody is awarded to a single parent. Federal, provincial and territorial laws define how to divide property during separation and divorce. The laws that apply to you depend: if you are not able to double your lease after your separation or divorce, you can sublet your apartment or assign your lease to another person. When granting legal separation and when children are involved, the judge decides on their custody, subsistence and education in the best interests of the children and in accordance with their rights. If both spouses agree on the terms of their separation, they may submit a joint application for legal separation to the court. If you will receive the family allowances, you must inform Retraite Québec of any change in your marital status (for example. B divorce or legal separation) or your period of custody (for example. B if you stop exercising shared custody or if you exercise sole custody).
A worker who contributes (or has contributed) to the retirement plan of a country that has signed a social security agreement with Québec may receive a pension from that country. After a separation, contact Retraite Québec to find out how you will receive the pension benefits abroad to which you may be entitled. These information sessions are given in courthouses by accredited family mediators and offered free of charge. Their purpose is to prepare parents to deal with the consequences of their separation and to settle the details of their separation, either through family mediation or through an application to the court. It`s a good idea for any partner to seek advice from a lawyer if you separate or divorce. A lawyer can help you reach a separation agreement. The lawyer should specialize in family law. If you and your spouse on December 31 due to the collapse of your relationship and your separation lasted less than 90 days, it is assumed that you had a spouse on December 31. You may have signed a marriage contract or a marriage contract, also known as a marriage contract. It covers what you have agreed with your property if you separate or divorce.
Spouses who wish to obtain a judgment on legal separation must apply to the Supreme Court of the judicial district where the spouses have their common domicile or, when the couple no longer lives together, in the district where one of the spouses lives. Once this declaration is registered, each spouse must obtain the written consent of the other spouse to perform certain acts or grant certain rights in matters of family residence and domestic furniture. . . .