Common-law couples don’t need a court judgment to separate, like with divorce. But you can go to court if you and your ex-partner can’t agree on issues like child custody, child support, the use of the family home or the division of property. Do you know the steps to follow to get a court separation judgment?
You can consult a lawyer or notary to help you with the process.
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Important! As of June 30, 2025, a new regime applies to parents who are in a common-law relationship in Quebec: the parental union. Unmarried couples who had or adopted a child together on or after this date are automatically in a parental union. A parental union creates specific rights and obligations for parents, especially if they separate. Read our article on parental unions to see if this applies to you. |
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Here are the main steps to follow to get a separation judgment:
Important: You don’t need to follow all these steps to separate. Some steps are optional. You can also come to an agreement on separation issues before your trial and decide you no longer need the court’s help. |
1. Consider mediation as an option to settle the separation
You must consider mediation before filing a separation application with the court. You don’t have to participate in mediation at this stage, but you must consider whether it’s a good option for you. Keep in mind, you can get up to five free hours of family mediation.
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Important! Mediation must be safe for everyone involved. It’s not recommended in cases of family or intimate partner violence. |
2. File your application with the right court
First, check which court applies to you. Three different courts help common-law couples settle their separations: the Unified Family Tribunal, the Court of Quebec and the Superior Court.
You or your ex can then prepare and file an application with the right court. This is called “an originating application.” You must use the form for the court you’re applying to. You must include this information:
- Facts helpful to understanding the context of your application. For example, events related to your separation or your children’s needs.
- What you want to happen to settle your separation. For example, you can ask for custody of your children, child support, the use of the family home, and/or the division of property.
- Explain why you have a right to what you’re requesting. You can ask a lawyer or notary to help you prepare your application to the court.
You must send the completed form to your ex-partner by bailiff. You must then file the form with the court.
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Important! You can ask the court to quickly settle urgent issues while waiting for the final separation judgment. For example, you can ask for temporary child support, immediate child custody or the temporary use of the family home. You can ask the court to settle urgent issues when you file your “originating application” to settle your separation. The application often contains a form for urgent requests. |
3. Respond to the court application
If your ex-partner sends you an “originating application,” you must respond. If you don’t respond, the court will render its judgment without considering your point of view.
In your response, you must say whether you accept or contest the application. You can also propose that you and your ex-partner go to family mediation.
4. Plan the next steps (if necessary)
Important: This step only applies to common-law couples who separate at the Superior Court, and who want to settle issues unrelated to child custody or child support. These couples must jointly file a document called a “case protocol.”
In the case protocol, you and your ex-partner must write out what issues you want the court to settle and plan your next steps for the application.
You can consult a lawyer or notary to see if you must file a case protocol, and get help preparing it, if necessary.
5. Send evidence to your ex-partner and to the court
You must send evidence to your ex-partner and to the court. Evidence helps prove what you say in your application. For example, if your application says you spent $250 on dental care for your child, you can provide a copy of the receipt as evidence. You can provide different types of evidence: paper documents, electronic documents, audio recordings or photos.
You and your ex-partner must share your evidence between 30 and 60 days before setting a trial date. You must then file the evidence with the court.
6. Participate in an information session on mediation
Common-law couples who separate must generally participate in a free information session on family mediation and parenting before setting a trial date.
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There are exceptions. If you’re experiencing partner, family or sexual violence, you don’t have to participate in the information session on mediation and parenting. But you must get a certificate confirming you’ve gone to a victim assistance service and submit it to the court office. |
7. Participate in a case management conference (if necessary)
A case management conference is a meeting between you, your ex-partner and the court. During the meeting, everyone will make sure the case is ready for trial.
The court will invite you and your ex-partner to a case management conference if you haven’t correctly followed the necessary steps. The court will also convene a case management conference if the case is complex or difficult.
For example, you must participate in a case management conference if you haven’t filed a “case protocol” or proof of participation in the information session on mediation within six months of filing the initial separation application.
8. Ask the court to set a trial date
You and your ex-partner must ask the court to set a trial date. To do this, you must fill out a “Request for Setting Down of Trial and Judgement by Way of a Joint Declaration.” You must use either the Superior Court or Court of Quebec form, depending on where you submitted your initial application. You must file the form with the right court.
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Important! You can wait for months or years to get a trial date. For reference, in 2023, the average wait for a trial date at the Small Claims Division of the Court of Quebec was around two years. |
9. The trial: Participate in the hearing and get a judgment
If you and your ex-partner are unable to reach an agreement, or if you still have issues to settle, you will go to trial.
At the hearing, a judge will listen to both sides, examine the evidence, and settle your separation issues definitively.
The court often renders the final judgment a few months after the trial.
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Good to know! If you don’t agree with the court’s decision, you can “appeal” the decision. This means asking the Court of Appeal of Quebec to change the judgment. An appeal doesn’t mean you can re-do the whole trial. You must file an appeal within one of these timeframes:
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