Québec Portal

Separation or divorce

Responsibility : Ministère de la Justice

If you and your spouse are married but your marriage breaks down, you must choose the type of separation that best suits your general situation. The consequences may vary, depending on your choice.Whether you opt for a de facto separation or a legal separation, you will be able to apply for a divorce one year after you cease to live together. You must gather information to be fully aware of the personal, legal and financial consequences of your separation.

For a married couple, there are three types of separation : 

• De facto separation (which does not end your rights and obligations under the marriage);
• separation from bed and board, also known as legal separation (which does not end your rights and obligations under the marriage, except the obligation to live with your spouse);
• divorce (which brings your marriage to a definitive end).

Note

If you have dependent children, you may use the family mediation program set up by the Québec government to reach an amicable agreement with your former spouse, adapted to your situation. The program is offered free of charge.

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