If you’re in a parental union, you don’t need to go to court to separate. But if you and your ex-partner can’t agree on separation issues, like child custody, child support, the use of the family residence or the division of property, you can go to the Unified Family Tribunal (UFT). Here are the steps to follow to get a judgment from the UFT.
You can consult a lawyer or a notary to support you in your 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. |
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 UFT.
1. Consider mediation as an option to settle the separation
If you’re in a parental union and want to separate from your partner, you must consider mediation before going to the UFT. You don’t have to participate in mediation at this stage, but you should consider whether it’s appropriate for your situation. Keep in mind, family mediation can be free!
Here are some situations where family mediation is not the best option or is not possible:
- situations of partner, family or sexual violence,
- situations involving psychological health issues.
2. Ask the UFT to settle urgent issues (if needed)
You can apply to the UFT to settle urgent issues, like temporary child support, immediate child custody or the use of the family residence. This is an application for what is called a “safeguard order”.
The UFT will invite you and your ex-partner to a mini-hearing not long after you submit your application. The UTF examines the documents in your file and settles the urgent issues in your application. This mini-hearing is called a “summary hearing”.
3. File an application to begin proceedings
You must file an “Originating Application Relating to a Parental Union”, which is a document that tells the UFT what you want to happen in your case. For example, you can request child custody, child support, the use of the family residence and the division of property in the parental union patrimony.
The ex-partner who files the application must complete Form SJ-1326A – Originating application relating to a parental union.
The ex-partner who completes the form must send it to the other ex-partner by bailiff and then file it with the UFT.
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Good to know! |
4. Answering the application to begin proceedings
If your ex-partner sends you an “Originating Application Relating to a Parental Union”, you must respond. You have 15 days to send your response to your ex-partner and file it with the UFT.
Your response must say whether you accept or contest the application. You can also propose mediation.
5. File a “First Case Protocol in Family Matters”
Couples in a parental union who separate at the UFT must complete and file a document called a “First Case Protocol in Family Matters”. In this document, you and your ex-partner identify the issues you want the court to help you settle, and plan your next steps.
Together, you must complete Form SJ-1328A – First case protocol in family matters. A lawyer or notary can help you write and file the case protocol.
If you’re asking the UFT to settle the division of property, you must also complete Form SJ-1329A – Preliminary statement of property in the parental union patrimony, partnership of acquests, and other property.
6. Send evidence to your ex-partner and to the UFT
You and your ex-partner must share your evidence between 30 and 60 days before setting a trial date. The UFT accepts several types of evidence, including paper documents, electronic documents, audio recordings and photos.
First, you and your ex-partner must send each other a copy of all the evidence you want to use at the trial. You must then file the evidence with the UFT.
7. Participate in an information session and try mediation
Couples in a parental union who are separating must generally participate in a free information session on family mediation and parenting before setting a trial date.
Usually, you must also try mediation. You can get up to five hours of free family mediation.
Mediation is a confidential process. Generally, the mediator can’t tell the court anything you said, wrote or did during mediation.
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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 or try mediation. But you must get a certificate confirming you have gone to a victim assistance service recognized by the Ministère de la justice (Justice Quebec) and submit it to the office of the UFT. |
8. Participate in a conciliation session with a judge (if needed)
If you and your ex-partner can’t come to an agreement in mediation, you can participate in a conciliation session with a judge.
During the conciliation session, a UFT judge tries to find common ground between you and your ex-partner’s points of view. You can bring lawyers if you wish.
Everything that’s said, written or done during the conciliation session is confidential.
If you reach an agreement, you can ask the judge to approve it immediately. Otherwise, you can ask the UFT to settle unresolved issues at a mini-hearing the same day.
9. Participate in a case management conference (if needed)
A case management conference is a meeting between you, your ex-partner and the UFT. During the meeting, everyone will make sure the case is ready for trial.
The UFT will invite you and your ex-partner to a case management conference if you haven’t correctly followed all the necessary steps. The UFT 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 given the UFT the “First Case Protocol in Family Matters”, and proof of participation in the information session on mediation, within six months of sending the initial application to begin proceedings.
10. Ask the UFT to set a trial date
When your file is complete, you and your ex-partner must ask the court to set a trial date. To do this, you must both complete an “Application for Setting Down for Trial and Judgment (By Joint Declaration)”. You must submit this form to the UFT.
If you don’t complete the form correctly, or in its entirety, the court clerk can send the file to a coordinating judge.
11. Participate in the hearing and get a judgment
If you and your ex-partner can’t come to an agreement, you must go to trial.
At the hearing, the judge listens to you and your ex-partner, examines the evidence and settles your separation issues definitively.
The court often renders the final judgement a few months after the trial.
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Good to know! If you don’t agree with the UFT’s decision, you can “appeal” the decision. This means asking the Court of Appeal of Quebec to amend a judgment that contains an error. An appeal doesn’t mean you get a retrial.
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