In Quebec, common-law couples can separate without going to court. You don’t need a written judgement like you would for a divorce. But you can go to court if you can’t agree on some issues, like child custody or the division of property. What court can you go to? What are your options if you don’t want to go to court?
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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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This article in short
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Why go to court?
You and your ex-partner can go to court to settle your separation if you’re unable to reach an agreement on your own. For example, you can ask the court to decide these things:
- how you and your ex-partner will share property (for example, the house, debts and expenses, furniture, decorative objects, vehicles, retirement savings, appliances, electronic devices),
- who will have custody of the children,
- who will make important decisions concerning the children (for example, the choice of school, health care, long-term activities and hobbies),
- who will pay and who will receive child support.
You can consult a lawyer to help you file a court application. You can get free or low-cost legal services if you qualify for legal aid. You can also find a lawyer on the website of the Barreau du Québec (Quebec bar).
Applying to the right court
In Quebec, three courts help ex-couples settle their separations: the Unified Family Tribunal, the Court of Quebec and the Superior Court.
To know which court applies to you, ask yourself these three questions:
- Are you in a parental union?
- Do you have children?
- What is the value of the property you want the court to divide?
1. Are you in a parental union?
If you and your ex-partner are in a parental union, you must apply to the Unified Family Tribunal. Read our article on parental unions to see if you’re in a parental union.
To apply to the Unified Family Tribunal, read our article on the steps to follow.
If you’re not in a parental union, go to the next question.
2. Do you have children?
If you and your ex-partner aren’t in a parental union, but you have children together, you must apply to the Superior Court (civil matters).
To apply to the Superior Court, fill out an Application to the Court in Civil Matters. Send the completed form to your ex-partner by bailiff. Then submit it to the court and pay the application fee.
If you and your ex-partner don’t have children together, go to the next question.
3. What amount are you claiming?
Common-law couples who aren’t in a parental union and don’t have children together must go to the court that matches the value of their claim.
Amount claimed
Which court to go to
$15,000 or less
Less than $75,000
Between $75,000 and $99,999
You can choose between the Civil Division of the Court of Quebec and the Superior Court (civil matters)
$100,000 or more
Superior Court (civil matters)
The value of your claim is equal to the value of the property you’re asking the court to divide. Here are some examples:
Joey and Manu want the court to divide their appliances, valued at $14,500. They must go to small claims court since the value of their claim is less than $15,000.
Abby and Marcel want the court to divide their photography equipment and painting material, valued at $21,000. They must go to the Civil Division of the Court of Quebec since the value of their claim is more than $15,000 and less than $75,000.
Louise and Renée want the court to divide their ATV and motorcycle, valued at $92,000. They can choose the Civil Division of the Court of Quebec or the Superior Court (civil matters) since the value of their claim is between $75,000 and $99,999.
Pamela and Kieran want the court to divide their cottage, valued at $479,000. They must go to the Superior Court (civil matters) since the value of their claim is over $100,000.
To file a claim with the Small Claims Division of the Court of Quebec (“small claims court”), complete the Small Claims Division form (SJ-870E) and submit it to the court. You must also pay court costs. You can ask for assistance from the court clerk to file your claim. In this court, you and your ex-partner must represent yourselves (without the help of a lawyer).
To file a claim with the Civil Division of the Court of Quebec, or a claim with the Superior Court, the same procedure applies. Complete the Application to the Court in Civil Matters. Send the completed form to your ex-partner by bailiff. Then submit it to the court and pay the application fee.
Options to avoid going to court when separating
If you and your ex-partner can’t reach an agreement, you can settle your separation through mediation or with the help of your lawyers through collaborative law.
Family mediation: a neutral person helps you reach an agreement
Some ex-couples choose family mediation. In mediation, a neutral person helps you and your ex-partner express your needs and find common ground. You work together to settle your separation.
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Good to know! Parents who are separating can get up to five hours of free family mediation. Mediation is confidential. |
Collaborative law: lawyers help you reach an agreement
Collaborative law is another option if you and your ex-partner want to settle your separation without going to court. During a collaborative law meeting, you and your ex-partner negotiate in the presence of your lawyers. Your lawyers inform you of your rights and help you work together to find acceptable solutions.