Civil Code of Quebec (CCQ-1991), Book Two, Title Two

There is only one ground for divorce in Canada: breakdown of the marriage. Breakdown is established by showing the spouses lived separate and apart for at least one year, or that one spouse committed adultery, or that one spouse treated the other with physical or mental cruelty making continued cohabitation intolerable. Spouses may attempt reconciliation for up to 90 days during the one-year separation without restarting the clock.

Effective: 2021

A Quebec court has jurisdiction to hear a divorce proceeding only if either spouse has been habitually resident in the province for at least one year immediately before the application is filed. It does not need to be the spouse who files — either spouse's Quebec residency satisfies the requirement.

Effective: 1985

As an alternative to divorce, Quebec offers legal separation (séparation de corps). Separation is granted when the will to share a community of life is gravely undermined. One spouse may apply alone (disclosing reasons), or both spouses may apply jointly with a draft agreement without disclosing reasons. Unlike divorce, legal separation does not dissolve the marriage.

Effective: 1994

Marriage is dissolved by the death of either spouse or by divorce. A divorce takes effect on the thirty-first day after the court issues the divorce order. If a spouse dies within those 31 days, the death — not the divorce — is considered to have ended the marriage.

Effective: 1994

Regardless of the matrimonial regime chosen by the spouses, certain property must be divided equally upon divorce or legal separation. The family patrimony includes family residences, household furnishings, motor vehicles used for family travel, and pension plan rights accumulated during the marriage. These rules are of public order — spouses cannot waive them by marriage contract. The family patrimony applies to all married and civil union spouses domiciled in Quebec, but not to common-law (de facto) spouses.

Effective: 1989

The partnership of acquests is Quebec's default matrimonial regime for couples married without a marriage contract since July 1, 1970. Property is classified as either private property (acquired before marriage, or received during marriage by inheritance or gift) or acquests (everything else). Upon dissolution, each spouse keeps their private property, and the net value of each spouse's acquests is divided equally. A spouse may renounce their right to partition by notarial act within one year of dissolution.

Effective: 1994

Spouses may choose separation as to property through a marriage contract executed before a notary. Under this regime, each spouse retains full ownership, enjoyment, and control of their own property throughout the marriage and after dissolution. Upon separation from bed and board, the matrimonial regime automatically converts to separation as to property. Family patrimony rules still apply regardless.

Effective: 1994

When granting divorce, legal separation, or annulment, the court may order one spouse to pay the other a compensatory allowance — either as a lump sum or in instalments. This compensates a spouse whose contributions in property or services enriched the other spouse's patrimony. The court considers the advantages already received under the matrimonial regime and marriage contract. It is separate from and in addition to both the family patrimony division and the matrimonial regime liquidation.

Effective: 1994

The spouse who owns the family residence cannot sell, mortgage, or otherwise dispose of it without the other spouse's written consent. This protection extends to movable property furnishing or decorating the family residence. A spouse who did not consent may apply to have the transaction annulled. These protections apply during the marriage and until the family patrimony is partitioned.

Effective: 1994

The court may make orders allocating parenting time (when the child is in a parent's care) and decision-making responsibility (authority over major decisions about education, health, religion, and significant extracurricular activities). Either or both parents may apply. A person who stands in the place of a parent may also apply. The 2021 amendments replaced the former 'custody' and 'access' terminology with parenting time and decision-making responsibility.

Effective: 2021

The only consideration in making parenting orders is the best interests of the child. The court must consider the child's needs, the nature and strength of the child's relationship with each parent, each parent's willingness to support the child's relationship with the other parent, the child's views and preferences, the child's cultural and religious heritage (including Indigenous heritage), and the impact of any family violence. There is no presumption in favour of equal parenting time.

Effective: 2021

A parent who intends to relocate must give at least 60 days' written notice to the other parent with details of the move. If the other parent objects, the relocating parent must apply to the court for permission. When parenting time is substantially equal, the relocating parent bears the burden of proving the move is in the child's best interests. When the child spends the vast majority of time with the relocating parent, the burden shifts to the objecting parent.

Effective: 2021

Both parents have equal rights and duties of custody, supervision, and education of their children, and must maintain them. Parental authority is exercised jointly regardless of the parents' marital status — it arises automatically from filiation. A court order granting one parent primary parenting time does not strip the other parent of parental authority. Deprivation of parental authority requires a grave reason and must be in the child's interest.

Effective: 1994

Unless the court orders otherwise, the parent exercising parenting time has exclusive authority to make day-to-day decisions about the child during that time. This means routine decisions about meals, bedtimes, activities, and minor health matters are made by whichever parent the child is with, without needing the other parent's consent.

Effective: 2021

Unless the court orders otherwise, any parent with parenting time or decision-making responsibility is entitled to request information about the child's well-being from the other parent, including information about the child's health and education. This right exists regardless of how parenting time is allocated between the parents.

Effective: 2021

Married and civil union spouses, and parents and children in the direct line, owe each other support. This obligation is of public order and cannot be waived. Unlike all other Canadian provinces, Quebec does not extend spousal support rights to common-law (de facto) spouses. Support for adult children does not automatically end at the age of majority — only a court can modify a support order. Grandparents may be required to contribute only if the parents' resources are insufficient.

Effective: 1994

Quebec has its own child support model, separate from the Federal Child Support Guidelines. The basic parental contribution is determined by a provincial regulation based on both parents' incomes and the number of children. This amount is presumed to meet the child's needs. The court may increase or reduce support if applying the standard amount would cause undue hardship — for example, due to high travel costs for parenting time, obligations to support other dependents, or unreasonable debts incurred for family needs.

Effective: 1997

All spousal and child support orders in Quebec are automatically indexed to the cost of living on January 1 of each year, unless the judgment specifically states otherwise. This means support amounts increase annually without requiring a court application, keeping pace with inflation.

Effective: 1994

The court considers each spouse's condition, means, needs, and other circumstances when ordering spousal support. A spouse's marital conduct is not a relevant factor. The four objectives of a spousal support order are: (a) recognize economic advantages or disadvantages from the marriage; (b) apportion financial consequences of child care; (c) relieve economic hardship from the breakdown; and (d) promote each spouse's economic self-sufficiency within a reasonable time. No single objective overrides the others.

Effective: 2021

When a court considers both child support and spousal support applications at the same time, child support takes priority. If giving priority to child support means the court cannot award spousal support or must award a lower amount, the court must record its reasons. The spouse receiving reduced support may apply to vary the order if the child support obligation changes in the future.

Effective: 1997

Divorce, legal separation, and annulment applications are filed in the Superior Court of Quebec. The application must include a birth certificate and marriage certificate. In any support application, both parties must file a sworn financial statement (Form III) and, if children are involved, a child support determination form. There is a $10 federal fee payable for registration in the Central Registry of Divorce Proceedings. The respondent has 15 days to respond (30 days if outside Quebec) and then 3 months to establish a case protocol.

Effective: 2016

Quebec offers free family mediation sessions with an accredited mediator. Couples with dependent children are entitled to five free sessions; couples without children are entitled to three. While mediation is not strictly mandatory before filing, parties who attend mediation or agree on a pre-court protocol have their cases heard on a priority basis. Parties may attend mediation before or during divorce proceedings.

Effective: 2016

Spouses may live together to attempt reconciliation for one or more periods totalling up to 90 days during the one-year separation period without restarting the clock. If the couple resumes cohabitation for more than 90 days total, the one-year separation period resets. A divorce application may be filed immediately after separation, but the divorce judgment cannot be granted until the full year has passed.

Effective: 1985

Any lawyer or notary filing a divorce application or a response must certify that they informed their client about family dispute resolution processes (mediation, collaborative law, negotiation) and about family justice services that could help resolve the matters in dispute. This mandatory disclosure requirement was added by the 2021 amendments to encourage alternatives to litigation.

Effective: 2021

Since January 1, 2016, parents involved in contested family proceedings are legally required to attend a parenting information session before their case can be heard by a judge. These sessions are offered free by the Quebec Ministry of Justice at courthouses. Each parent attends individually and receives a Certificate of Participation required to set a court date.

Effective: 2016

In Quebec, prenuptial agreements are called marriage contracts and must be executed before a notary to be valid — private written agreements are null. Any stipulation may be included subject to public order. A marriage contract allows spouses to choose a matrimonial regime other than the default partnership of acquests — typically separation as to property. However, a marriage contract cannot override the family patrimony rules, which apply to all married spouses regardless. Marriage contracts can be modified during the marriage by a new notarial act.

Effective: 1994

Effective June 30, 2025, unmarried parents of the same child automatically form a 'parental union' with new legal protections. A parental union patrimony — including the family residence, household furnishings, and motor vehicles — must be divided when the union ends. Unlike the family patrimony for married spouses, it does not include pension plans or RRSPs. Couples may opt out by notarial act within 90 days of the child's birth. De facto spouses who had children before June 30, 2025, may voluntarily enrol by notarial act.

Effective: 2025

The Code of Civil Procedure allows any person whose safety or that of their children is threatened to apply to the court for a civil protection order. In family proceedings, parties must disclose whether they are subject to any civil protection order, youth protection order, or criminal justice order. The 2024 family law reform (Bill 56) amended the best interests of the child test to explicitly include the presence of family violence, including spousal violence, as a factor.

Effective: 2024

Legal separation frees spouses from the obligation to live together but does not dissolve the marriage. The matrimonial regime automatically converts to separation as to property. The family patrimony must still be partitioned. Effects are retroactive to the date of the application. Gifts in the marriage contract are not automatically cancelled but may be modified by the court. The separation ends upon reconciliation (resuming cohabitation) or upon a subsequent divorce.

Effective: 1994

Both parents have the rights and duties of custody, supervision, and education of their children, and must maintain them. Parental authority must be exercised without violence. This authority is joint and automatic — it arises from legal filiation regardless of whether the parents are married. The 1977 reforms replaced the former concept of 'paternal power' (puissance paternelle) with equal parental authority.

Effective: 1994

When family violence is present, the court must consider its impact on the ability of the person who engaged in the violence to care for the child, and the appropriateness of requiring a victim to cooperate with the person who committed violence. The 2021 amendments define family violence broadly to include physical, sexual, psychological, and financial abuse, threats, harassment, and exposure of a child to such violence.

Effective: 2021