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2 0 0 1 E D I T I O N Separation and Divorce What you need to know “My caisse is open I’ve got questions 24 hours a day.” I’ve got answers Questions on Québec government programs and services? Communication-Québec offers fast,clear answers and useful referrals! Questions on major life events that require you to contact a variety of departments and organizations? answers Get the in our Communication-Québec guides. Practical! You can perform your transactions anywhere There is even somebody on the line at all or anytime. Day, evening, from home, from times who will complete your investment, the office, from everywhere. loan, insurance and RRSP transactions. It’s If you would like to order a guide or have a question, call the Communication-Québec office nearest you (see the list at the end quick, confidential and easy to access. Simple!By telephone, by Internet, pay bills, of this guide). You can also consult our guides at our Website: Hurrah! transfer funds, check your balance and see www.comm-qc.gouv.qc.ca your last transactions… Contact us! Your Link to the Government www.desjardins.com 1 8 0 0 C A I S S E S (1 8 0 0 2 2 4-7 7 3 7) S E P A R A T I O N A N D D I V O R C E 2 0 0 1 E D I T I O N C O M M U N I C A T I O N - Q U É B E C Publication produced by Foreword Direction générale de Communication-Québec, of the Ministère des Relations avec les citoyens et de l’Immigration Copywriting Importance of resources Odette Falardeau Couples who are about to become separated or who already are separated Advertising Sales and Graphic Production experience powerful emotions, especially when children are involved. The reorganization of a family can produce devastating psychological, emotional, physical, social and economic effects. Since separation and divorce are hard to deal with emotionally, couples should use available resources to aid them through this difficult period. For example, it is a good idea for couples to Tel.: (418) 687-5870 consult experts about their rights and get support—either from 650, rue Graham-Bell, bureau 216 professionals1or community resources2. This way, it will be easier for them to Sainte-Foy (Québec) G1N 4H5 make all the decisions which will later affect their daily lives. Consulting Communication-Québec GuidesCollection resource people can also help members of a couple progress on a personal level. What to Do in the Event of Death Starting a Business Baby Is on the Way For People 55 and Over This Communication-Québec booklet offers general information about Change of Address Separation and Divorce different aspects of separation and divorce for both married and common-law couples in order to help these people through the process. However, changes These guides are available at the following Website may occur after publication. When in doubt, inquire with your www.comm-qc.gouv.qc.ca Communication-Québec office. These guides may also be obtained free of charge If you would like general information on the programs and services offered by at any of the 25 Communication-Québec offices (see page 61) the departments and organizations of the Government of Québec, feel free to call the Communication-Québec regional office nearest you. At the back of the guide, you will find a list of the addresses and telephone numbers of our Legal deposit – 2001 25 offices. Bibliothèque nationale du Québec 2 National Library of Canada If, after reading the guide, you require additional information about 3 ISBN 2-550-36575-5 ©Gouvernement du Québec, 2001 Government of Canada programs, please call 1-800-622-6232. All rights reserved internationally. Lastly, we would like to thank all departments and agencies that Any reproduction of this guide for commercial purposes assisted in the updating of this booklet. is prohibited unless authorized by Communication-Québec. Note: In this publication, the masculine form is used to designate either sex. The information provided herein by Communication-Québec does not have force of law. D The information contained in this guide was verified in November R 2000. Certain programs may change during the year. O W Cette publication est aussi disponible en français sous le titre 1. Lawyers, counseling specialists, notaries, psychologists, social workers, mediators, etc. E Séparation et divorce. Vous pouvez obtenir un exemplaire gratuitement 2. CLSCs (local community service centres), community resources, family support R organizations, youth centres, shelters, etc. O à l’un des 25 bureaux de Communication-Québec. Voir page 61. F S E P A R A T I O N A N D D I V O R C E 2 0 0 1 E D I T I O N C O M M U N I C A T I O N - Q U É B E C Legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 Table of Contents Handling your own divorce . . . . . . . . . . . . . . . . . . . . .22 Psychosocial Aspects 8 Effects of legal separation and divorce . . . . . . . . . . . . . . . . . .24 Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Effects of legal separation . . . . . . . . . . . . . . . . . . . . . . .24 Counseling for couples . . . . . . . . . . . . . . . . . . . . . . . . . .8 Effects of divorce . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Network of regional and community assistance groups Principles of family patrimony . . . . . . . . . . . . . . . . . . .25 (réseau d’action et d’entraide) . . . . . . . . . . . . . . . . . . . .8 Renunciation of family patrimony . . . . . . . . . . . . . . . .27 Domestic violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Family residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Life goes on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Declaration of family residence . . . . . . . . . . . . . . . . . .27 Children and separation . . . . . . . . . . . . . . . . . . . . . . . .10 Effects of protection provided by declaration of family residence . . . . . . . . . . . . . . . . .28 Support for parents . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Matrimonial regimes . . . . . . . . . . . . . . . . . . . . . . . . . .29 Civil annulment of marriage . . . . . . . . . . . . . . . . . . . .29 Legal Aspects 12 Religious annulment of marriage . . . . . . . . . . . . . . . .30 Choosing Family Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Aims of mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Common-law couples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Role of mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Cohabitation contracts . . . . . . . . . . . . . . . . . . . . . . . . .31 Family mediation program . . . . . . . . . . . . . . . . . . . . .13 Separation agreements . . . . . . . . . . . . . . . . . . . . . . . . .32 Mandatory information session . . . . . . . . . . . . . . . . . .15 Exemption from obligation to attend information session . . . . . . . . . . . . . . . . . . . .15 Summary of steps involved . . . . . . . . . . . . . . . . . . . . . . . . . . .33 Mediation ordered by the court . . . . . . . . . . . . . . . . . . .15 4 Steps following mediation . . . . . . . . . . . . . . . . . . . . . .15 Custody of the children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 5 Diagram outlining steps for the free mediation service .16 Parents’ legal rights and obligations . . . . . . . . . . . . . . .34 Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 S Sole custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 T Separation and Divorce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 N Joint custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 E De facto separation . . . . . . . . . . . . . . . . . . . . . . . . . . .17 T Review or alteration of agreements . . . . . . . . . . . . . . . .36 N Legal separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Grandparents’ rights . . . . . . . . . . . . . . . . . . . . . . . . . .36 O C Divorce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 F Reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 O Separation and divorce procedure . . . . . . . . . . . . . . . . .20 The principles of support payments . . . . . . . . . . . . . . . . . . . .37 E Lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Child support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 L B Divorcing with the help of a lawyer . . . . . . . . . . . . . . . .22 Spousal support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 A T S E P A R A T I O N A N D D I V O R C E 2 0 0 1 E D I T I O N C O M M U N I C A T I O N - Q U É B E C Compensatory allowance . . . . . . . . . . . . . . . . . . . . . . .39 with sponsorship of immigrant spouse . . . . . . . . . . . . .50 Maintenance of support obligation after death . . . . . . .40 Government programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 Obligation to support grandchildren . . . . . . . . . . . . . . .40 Partition of employment income registered Support payments and social assistance . . . . . . . . . . . .40 with the Québec Pension Plan (QPP) . . . . . . . . . . . . . .51 Partition of accumulated benefits under CARRA Pension Plans . . . . . . . . . . . . . . . . . . . . .52 Deduction and payment of support . . . . . . . . . . . . . . . . . . . . .41 Canadian Child Tax Benefit and Failure to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 Québec family assistance allowance . . . . . . . . . . . . . . .53 Exemption from automatic deduction Housing (shelter) allowance . . . . . . . . . . . . . . . . . . . . .53 of support payments . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Medication insurance . . . . . . . . . . . . . . . . . . . . . . . . . .54 Application of the plan for support Health insurance card . . . . . . . . . . . . . . . . . . . . . . . . .54 payments payable before December 1, 1995 . . . . . . . . .42 Parental Wage Assistance Program (PWA) . . . . . . . . . . .55 Ex-spouse debitor resides outside Québec . . . . . . . . . . .43 Canadian, American and other retirement pensions . . .55 Review of a ruling according support . . . . . . . . . . . . . .43 Simplified procedure . . . . . . . . . . . . . . . . . . . . . . . . . .43 Other important points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 Indexation of support payments . . . . . . . . . . . . . . . . . .44 Debts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 End of collection of child support payments . . . . . . . . .44 Marriage contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 Simplified diagram summarizing the steps Wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 for collection and payment of support . . . . . . . . . . . . . .45 Insurance policies . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 What’s in a name? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Suggestions for further documentation 58 Reference literature not availble Changing names . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 at Communication-Québec . . . . . . . . . . . . . . . . . . . . .59 Presumption of paternity . . . . . . . . . . . . . . . . . . . . . . .47 6 On Sale at Publications du Québec Outlets . . . . . . . . .59 7 Financial and Tax Consequences Services for the Deaf, Hard-of-hearing of Separation and Divorce 48 or Mute Who Have a Teletype Machine 60 S Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 T N New rules for tax treatment of child support . . . . . . . . . .48 Communication-Québec offices 61 E T Separation of property and family patrimony . . . . . . . .49 N O Personal tax credits for source deduction purposes . . . .49 C Government of Canada credit for F the Goods and Services Tax (GST) . . . . . . . . . . . . . . . .50 O Credit for Québec sales tax (QST) . . . . . . . . . . . . . . . . . .50 E L Financial commitment connected B A T S E P A R A T I O N A N D D I V O R C E 2 0 0 1 E D I T I O N C O M M U N I C A T I O N - Q U É B E C L’R des centres de femmes du Québec is a provincial umbrella organization Psychosocial that manages a network of 90 women’s centres throughout Québec’s regions. L’R can put you in contact with the centre(s) for your region. These centres aspects offer women in their community a place where they can feel that they belong, a solution to isolation, and an action, education and mutual help network. Some of these centres offer basic legal services or can refer you to specialized resources if need be. For information, contact: Resources Counseling for couples L’R des centres de femmes du Québec Problems experienced by a couple may be simply temporary. When difficult 110 rue Sainte-Thérèse, bureau 507 moments are encountered, the option exists of seeking help outside the Montréal (Québec) H2Y 1E6 Tel: (514) 876-9965- Montréal area couple, with the goal of finding solutions to disputes. In some cases, a resource Fax: (514) 876-9176 person can help a couple get through a difficult period and perhaps even bring E-mail: [email protected] about a reconciliation. The Groupe d’entraide aux pères et de soutien à l’enfant can provide support In Québec, a number of psychological and social services are offered by CLSCs to fathers experiencing problems resulting from a separation or a divorce. This (local community service centres). Social workers can be consulted by couples organization acts as an umbrella organization for groups across Québec that are experiencing serious problems, whether it be a question of whose mission is to offer support to fathers, whether by telephone or family-related issues (separation or divorce, domestic violence, problems face-to-face meetings that aim to aid them in relations with their children between parents and children), or personal issues (depression, alcoholism, following a separation. drug use, bereavement, adapting to a serious illness, etc.). The telephone number for your local community service centre can be found in the business Groupe d’entraide aux pères et de soutien à l’enfant inc. section of the white pages of your phone book under the heading CLSC. 4274 rue Papineau, bureau 101 Communication-Québec can also give you the phone number for the CLSC in Montréal (Québec) H2H 1S9 your area. Tel: (514) 527-3166– Montréal area 1-877-414-3773 – toll-free elsewhere in Québec Fax: (514) 527-2667 E-mail: [email protected] Network of regional and community assistance Web site: www.cam.org/~gepse 8 groups (réseau d’action et d’entraide) 9 In addition, there are many regional organizations that can help families get Domestic violence through a separation or divorce. A lot of them are supported by the Fédération S.O.S. Conjugal Violence provides victims of domestic violence with des associations de familles monoparentales et recomposées du Québec. To S find out about the organizations in your region that are affiliated with this immediate assistance. The service consists of a call-in line that can be used T C association or for other information, contact: from anywhere in Québec 24 hours a day, 7 days a week. People confronted E P with problems of domestic violence are encouraged to take advantage of this S bilingual, free and confidential service. A La Fédération des associations de familles monoparentales L et recomposées du Québec A 8059 boulevard Saint-Michel S.O.S. Conjugal Violence CI Montréal (Québec) H1Z 3C9 Tel: (514) 873-9010- Montréal area O Telephone: (514) 729-6666 1-800-363-9010 - toll-free elsewhere in Québec OS Fax: (514) 729-6746 Teletype machine: See page 60 H E-mail: [email protected] C Y S P S E P A R A T I O N A N D D I V O R C E 2 0 0 1 E D I T I O N C O M M U N I C A T I O N - Q U É B E C Life goes on Support for parents A breakup in a couple is thought to represent one of the highest levels of stress, Health Canada has published a free guide: Because Life Goes On: Helping second only to bereavement. Separation and divorce are very difficult passages Children and Youth Live with Separation and Divorce. This guide contains to go through. It can be helpful to seek aid or psychological support before, much practical advice that can help parents cope with separation and divorce. during and after the breakup. Such a resource can offer the support necessary Specifically, the guide contains a detailed explanation of how children react to ease the transition to a new family life. when faced with a breakup, according to their age. The psychological aspect of a breakup is demystified and explained, so that readers gain a better Taking advantage of such a resource can also help improve relations between understanding of the human reactions of both the couple and the children. former partners during a separation or divorce. For example, when disagreements occur, partners will be more inclined to adopt a positive attitude and try to find The guide can be obtained directly by fax, by filling up the order form solutions instead of attempting to cast blame. available on the Website or by writing Health Canada at the following address: Moreover, during a separation or divorce, parents often have to delve deeply Health Canada Communications/Publications into themselves in order to make the right decisions. They want to act in the Address Locator: best interests of their children in making decisions that concern them, while 0913A considering their own personal interests as well. Since a breakup entails Ottawa (Ontario) K1A 0K9 Tel.: (613) 954-5995 change for all family members, it is vital to take the needs of everyone into Fax: (613) 941-5366 account when deciding how the family is to be restructured. Teletype machine: see page 60 You can consult or order this brochure at www.hc-sc.gc.ca Children and separation When a separation occurs, parents are preoccupied with the welfare of their children. One good way of helping them adapt to the new family situation is to actively continue being a parent to them. Doing so will preserve family ties that will allow them to grow easily into adulthood. By helping children deal with separation and divorce, you will equip them well to face other life difficulties in the years ahead. The tell-tale signs that indicate children are experiencing problems dealing 10 11 with a breakup include: their reactions in general, their perception and understanding of the separation, their performance at school, etc. Attentive parents will then use their judgement when deciding if the situation warrants consulting a professional or obtaining help from community organizations. S T CLSCs (local community service centres) can propose several resources for C E coping with such situations. P S A L A I C O S O H C Y S P S E P A R A T I O N A N D D I V O R C E 2 0 0 1 E D I T I O N C O M M U N I C A T I O N - Q U É B E C rights, support payments, division of family property (or patrimony), as well Legal aspects as the present and future financial aspects of these questions. The mediator will also prepare, in collaboration with the couple, a Draft agreement (which is not a legal document) that can serve as a basis for preparing proceedings to It is important to note that it is only the information session on family mediation be submitted before a court. that is mandatory under the law for couples with dependent children who intend Because the mediator must be impartial, one should not count on the to go to court. mediator to settle disputes. Moreover, ex-partners will need their own lawyer—both in order to assure that the Draft agreement does not penalize them and also to put the Draft agreement into legal form. Choosing Family Mediation The family mediation program is for couples with dependent children, whether they were legally married or common-law couples, who: Family mediation program • are separated or divorced, or about to be; Since September 1, 1997, married or common-law couples, with dependent children, who are going through a separation, divorce or review • disagree about questions relating to custody of the children, access of a judgment have access, within the limits provided for by the law, to the arrangements, support payments, separation of property (referred to services of an accredited mediator. Mediation can take place before or after a in legal terms as «family patrimony») and other related financial lawsuit is filed. The parties choose an accredited mediator together from a matters; professional association. The government family mediation program pays the • plan to go to court. fees for a maximum of six meetingswith an accredited mediator in the case of a first application. If additional sessions are required to finalize a draft agreement, the couple will have to pay for them. For changes to a judgment, Aims of mediation the parties are entitled to three other sessions for free. The Act to institute, under the Code of Civil Procedure, pre-hearing mediation in familylaw cases and to amend other provisions of the code, To be eligible for this free service, the spouses must make sure that the passed on June 13, 1997, constitutes a new approach designed to reduce mediator who they have chosen is accredited and that the fees charged are $95 conflicts. Separating or getting divorced out of court, when possible, is a much per session, the rate set by law. If the fees are higher than $95 for each less distressing experience than taking disputes before the court, and is appointment, the couple cannot benefit from the government program and 12 generally less expensive. Mediation is always subject to respect for privacy and has to pay the fees of the professional consulted in full. 13 rules of confidentiality. Either of the partners or the mediator can stop the There is a list of accredited mediators which is available for consultation in all mediation process at any point without having to justify doing so. courthouses. You can also look for a mediator in the yellow pages of the It should be noted that mediation is not suitable in the case of couples with phone book under Mediation Services. As of July 1998, there were about problems relating to abuse of power (a manipulative spouse), violence, 1,150 accredited mediators throughout Québec. The Québec government neglect, or drug or alcohol abuse. allows five professional associations to accredit their members: S T C Barreau du Québec (Québec Bar Association) E Role of mediator Montréal region:(514) 954-3458 P Elsewhere in Québec: 1-800-361-8495, ext. 458 S A mediator’s mission is not to be confused with that of a therapist, despite the A fact that a mediator’s role does involve facilitating discussion. The mediator Chambre des notaires du Québec (notaries) L must provide the necessary information (but not legal advice) so that the law Montréal region: (514) 879-1793 A Elsewhere in Québec: 1-800-263-1793 G is respected when decisions are taken regarding child custody and access E L S E P A R A T I O N A N D D I V O R C E 2 0 0 1 E D I T I O N C O M M U N I C A T I O N - Q U É B E C Mandatory information session Ordre professionnel des conseillers et conseillères d’orientation du Couples with dependent children who disagree about any of the consequences Québec (counseling specialists) of the breakup and who do not opt right away for mediation cannot be heard Montréal region: (514) 737-4717 Elsewhere in Québec: 1-800-363-2643 by the courtwithout attending a mediation information session first. They have the choice between a private meeting, where the two parties talk to a Ordre des psychologues du Québec (psychologists) mediator who they choose together, or a group session on mediation. To sign Montréal region: (514) 738-1223 Elsewhere in Québec: 1-800-561-1223 up for a group information session, all you have to do is contact the family mediation service at the courthouse in your region. The meeting lasts about Ordre professionnel des travailleurs sociaux du Québec an hour and a half and there are two mediators present. The information (social workers) Montréal region: (514) 731-3925 provided by them concerns the nature and aims of mediation and the legal Elsewhere in Québec: 1-800-731-9420 and psychosocial aspects of the situation. For a private meeting, you need to choose an accredited mediator from one of the professional associations or Youth centres are also authorized to accredit their employees organizations listed on pages 13 and 14. Montréal region: (514) 393-2285 Montérégie region: (450) 679-0140 Québec City region: (418) 649-3516 Exemption from obligation Laval region: (450) 975-4150 Chaudière-Appalaches region: (418) 837-9331 to attend information session The Association de médiation familiale du Québec can also provide A spouse who has compelling reasons for not participating in a mediation information to assist in choosing a mediator information session must advise the mediator of his/her choice. Valid reasons, Montréal area: (514) 866-6769 which do not have to be stated, may concern major problems between the Toll-free elsewhere in Québec: 1-800-667-7559 spouses, for example, the spouse’s ability or psychological state, or the distance Some mediators offer co-mediation services and work in tandem with other between the homes of the two spouses. Once advised, the mediator sends in a professionals—in the legal or psychosocial fields, for example. In cases such report to the mediation service at the courthouse so that it can exempt the as these, the client pays the fees of the second professional because the spouse from the obligation to attend the information session. government does not cover the cost of a second specialist. Mediation ordered by the court For more information about family mediation, see the Ministère de la Justice brochure entitled Free Family Mediation, available either from the Ministère If it considers it appropriate, the court can order the spouses to go for 14 de la Justice or from Communication-Québec. One may also consult the mediation in the case of a contest suit if they have not already done so. The 15 Ministère de la Justice Web site at www.justice.gouv.qc.ca court or the family mediation service at the courthouse then automatically appoints a mediator. It is important to note that family mediation services are also available and advantageous for couples who do not have any dependent children but want Steps following mediation help at reaching an understanding. Mediation services are not free in these S cases, however. Once the mediation process is finished, it is time to give legal weight to the T points agreed on and covered in the Draft agreement. Some couples decide C not to have the understanding reached in the course of mediation legalized. E P To give legal weight, or force of law to and ensure legal protection of the S agreements jointly negotiated in mediation, a Court judgment, or ruling, is A required (regarding separation of property, support payments, etc.). L A The chart below illustrates some of the options available to couples who G E separate. L S E P A R A T I O N A N D D I V O R C E 2 0 0 1 E D I T I O N C O M M U N I C A T I O N - Q U É B E C Diagram outlining steps for the free mediation service To find out more about the family mediation program, you can get informa- tion from: Family mediation Prerequisite: Couple with dependent child • any courthouse Exemption possible from obligation attend information session • the Ministère de la Justice POSSIBLE STAGES • professionals active in the field of family mediation (lawyers, notaries, psychologists, social workers, counseling specialists, etc.) De facto separation • youth centres • the professional associations referred to on page 13. Able to get along with the Unable to get along help of a mediator with each other Separation and Divorce De facto separation Participation in a group or Both married and common-law couples can have a de facto (or non-legal) private information session separation. on family mediation When they break up, some couples agree on the obligations for which they are still responsible: custody and rearing of children, support payments, separation of property purchased together, etc. This is also the case with some Mediation couples who, after concluding an agreement during family mediation, decide Family mediation 6 free not to have it legalized. Yes sessions No Desire to reach an Judgment review Unable to get along Since they are not ratified by a court ruling, these agreements are based understanding = 3 sessions entirely on trust and the good intentions of the spouses: they do not offer any legal protectionif they are not kept. In the case of a married couple, de facto separation has no effect on the matrimonial regime (family assets, partnership of acquests, etc.). ORuétscuolmtate 16 Legal separation 17 Draft agreement Agreement not validated Agreement negotiated via covering points decided by court lawyers or trial Legal separation, or "separation as to bed and board" as it is officially on by parties termed, only applies to married couples. Mediator's report A couple can decide to legalize their separation via a court ruling. This way, arrangements for child custody, separation of property, and support are S legally protected. In terms of the law, legal separation is a judicial proceeding T Court Procedures with the main effect of relieving the spouses of the obligation to live together, C E while at the same time legalizing the agreement they have come to. Since it P does not end the marriage, the other legal obligations stemming from the S A relationship remain. The bonds of marriage are not broken until the civil Judgment on agreement annulment of the marriage, divorce or death of one of the partners. L A If both spouses apply for legal separation, this is a joint action for legal G NOTE:This chart can vary, depending on whether the information session or the E mediation takes place before or after the suit is filed. separation (see section on Separation and divorce procedure, page 20). L

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