Family law regulates legal relationships in a family. It lays down all the rules encompassing separation, divorce, parenting arrangements, child custody, spousal support and property division.
It is essential for abused women to understand these rules, which are often quite complex, in order to be able to regain control over their life.
Separation and Divorce
Separation occurs when a couple decides to no longer live together. It does not require a court decision to be official. However, a couple may resort to a court decision to settle certain matters.
Divorce occurs when a court officially puts an end to a marriage. The married spouses must therefore take legal steps to formalize it.
In the event of separation, the dissolution of a civil union or a divorce, parents must establish “parenting arrangements,” intended to define how they will take care of their children. These concern, among other things, the place they will live, the school they will attend, their extracurricular activities, etc.
At the federal level, the Divorce Act sets out the rules governing parenting arrangements for parents who divorce. In Quebec, similar rules exist for unmarried parents and married parents who separate without filing for divorce.
According to the law, parenting arrangements must be established in the best interests of the children.
This page provides general information on the law in force in Quebec and the available resources. Under no circumstances does it constitute legal advice. For more information, please feel free to contact us or consult a lawyer.