If you are a de facto spouse and have no cohabitation contract, you may draw up a separation agreement if you separate from your spouse. The agreement contains details on the separation of property, the custody of your children, visiting and outing rights, and child support payments.
If you took the precaution of signing a cohabitation contract, you must comply with all the clauses (gifts, division of property, etc.). Only the clauses concerning your children may be amended by a judge (support payments, visiting and outing rights, etc.).
Note
De facto spouses are eligible for the family mediation program established by the Québec government if they have dependent children. The program is offered free of charge.
