If you’re in a parental union, you don’t have to go to court to separate from your partner. You don’t need a written judgment like you would for a divorce. But you may need help if you and your ex-partner can’t agree on issues like child custody or dividing property. If you’re in this situation, you can apply to Quebec’s Unified Family Tribunal (UFT). Even at the UFT there are several ways to get help without going to trial.
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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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At a glance
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Contact the Unified Family Tribunal
Couples in a parental union who want a court judgment to settle their separation must go to the Unified Family Tribunal.
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Did you know? The Unified Family Tribunal can also settle the separation of parents in a civil union. But it can’t settle the separation of married couples or common-law couples who are not in a parental union. |
Couples in a parental union can ask the Unified Family Tribunal to decide on these issues:
- child custody,
- the power to make important decisions about the children, for example, the choice of school, health care, long-term activities and hobbies,
- child support,
- the division of property in the parental union patrimony,
- the use of the family residence, depending on whether an ex-partner is a tenant or owner.
You must follow several steps to get a judgment from the Unified Family Tribunal.
Three ways to settle your separation without going to court
There are several ways for parental union couples to separate without going to court. You can choose family mediation, conciliation with a judge or collaborative law if these options are appropriate given your situation.
Family mediation
You and your ex-partner can participate in family mediation before going to court.
Generally, if you’ve applied to the Unified Family Tribunal, you must try mediation before going to trial. Important: family mediation is not mandatory if you’re experiencing partner, family or sexual violence.
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Good to know! Mediation is confidential. You can also get up to five hours of free family mediation. |
Conciliation with a judge
If you can’t come to an agreement during mediation, you can participate in a conciliation session. Conciliation is a confidential meeting with a judge from the Unified Family Tribunal who tries to find common ground between you and your partner’s different points of view. If you reach an agreement, you can ask the judge to approve it right away. If not, the court can decide on unresolved issues at a mini-hearing the same day.
Collaborative law
Collaborative law is another option for couples who wish to avoid going to court. With your lawyers present, you and your ex-partner can negotiate solutions in a collaborative atmosphere.