What it covers and why does it matters?
In Quebec, when filing for divorce or during a separation with children involved, it is necessary to prepare a separation agreement, legally referred to as a “consent to judgment.” This document serves as a contract between the two partners and outlines how all aspects of the separation will be handled. It covers important matters such as child custody or parenting time, child support, spousal support, division of property, and any other relevant arrangements.
In most cases, separations are settled through a mutually agreed-upon separation agreement. When both parties are willing to make compromises and collaborate on the terms, it can significantly reduce legal costs, save time, and provide peace of mind since there is no need for a court hearing.
Once completed, the separation agreement is filed along with the divorce application and other required documents at the courthouse, where it will be reviewed and approved by a judge. A trial becomes necessary only when the parties disagree with part of the agreement. In such cases, the final decision rests with the judge.
How to make a separation agreement?
Before drafting a separation agreement, it is important to understand your rights and obligations in the context of divorce or separation. This is where a consultation with a family lawyer becomes invaluable. If you sign an agreement that disregards your rights, for example by waiving support or property claims simply to finalize the process quickly, the judge reviewing your file may reject the agreement and request revisions or clarifications from both parties.
Once you have a clear understanding of your rights and responsibilities, your family lawyer will advise you on the best way to negotiate the terms of the agreement. The lawyer will usually work collaboratively with the other spouse’s lawyer to reach a fair and balanced consent on every element of the divorce or separation.
Mediation services in Quebec
When needed, family mediation can be an effective way to reach agreement on difficult issues. The mediator’s role is not to take sides but to facilitate open communication and help both parties find common ground. Mediation often reduces conflict, saves time, and lowers legal costs compared to going to court. In addition, the Quebec government offers a certain number of free mediation hours, making this process both accessible and practical for many couples.
It is important to note that the mediator does not draft the final legal agreement. Instead, the mediator prepares a summary of what has been agreed upon. The family lawyer then uses this summary to draft the formal separation agreement and all necessary documents, which are then submitted to the court for approval.
