Separation, divorce, dissolution of civil union, dissolving a civil union, out-of-court settlement. When one decides to get married or to have a civil union, ending this sort of union is never easy, if we simply have to resume from scratch and separate from the person who seemed to be our soul mate. Making the decision to separate has unpleasant consequences for the couple,especially for the children. Therefore considering an out-of-Court settlement may be the best solution.

If you are in a similar situation, you may wish to contact your notary, in order to receive some valuable advice regarding the legal consequences of a separation, divorce or dissolution of your civil union.

Why the notary? Thanks to his experience as a legal counsel in family law, this specialist in civil law, including matrimonial law, will be able to give you clear information and to guide you through the whole process that leads to separation, divorce or the dissolution or your civil union.

Be aware that there are several options for the separation:

  • De facto separation

This type of separation is very common and it has no legal consequences for the spouses, even if they cease to live together. The division of the family patrimony and the distribution of the duties and responsibilities of each are possible only after separation or divorce.

  • The legal separation

The legal separation is the result of a judgment that does not lead to a divorce, which means that the two spouses cease to live together, but continue to remain husband and wife. They share both the duties and obligations and the assets they have (the separation regime will apply in this case).

  • The divorce

This is the most radical solution and it entails the division of the family patrimony, and the dissolution of the matrimonial regime.

In the case of civil union, the corresponding solutions are the de facto separation or the dissolution of the civil union.

The dissolution of a civil union before a notary.  The spouses may just sign a notarized joint declaration that definitively settles their situation. If, however, such an agreement is not possible, or if the children’s interests have to suffer, the spouses will have to resort to a court judgment.

Whatever decision you make, if you are going to the court, it is important that you spare your children the hassle and the misunderstandings of that event. Not to mention the fact that you and your spouse also have the option for an out-of-court settlement.

The advantages and the beneficial effects of such an out-of-court settlement are, for starters, shortened judgments, reduced fees and costs and especially less stress for both the couple and their children. The target of an out-of-court settlement is to negotiate and to give shape to everyone’s wishes and expectations, in a calm environment and a climate of responsibility.

It is the notary who will hear the expectations of both parties and draft the agreement that you can subsequently submit to the court in order to make the judgment easier, faster and also cheaper. In the case of a couple united in a civil union but without children this draft agreement is an equivalent for the dissolution of the civil union since the two spouses no longer need to resort to the judgment of a court.

What aspects are covered by the draft agreement?

The draft agreement is a document intended to take into account and to provide solutions to all the consequences arising from the rupture. Regarding the children, who are the object of the greatest interest of the two spouses, the draft agreement establishes the place of residence of the children, the spouse who is responsible for paying their school fees, the one who will have the custody rights and access rights.

For the family patrimony, the two spouses will agree and will specify in their draft agreement, whether one of them keeps the family residence or if they decide to sell it, what happens to the furniture, how the matrimonial regime will be liquidated and so on. The scope of their concerns also includes debts, payment of compensatory benefits and other issues.

Your notary will explain to you the options and the consequences of your decision. Entrust your concerns to a legal expert whose mission is to help you overcome this difficult moment in the easiest way possible. Contact Me Lincà, notary in Montreal with an extensive experience in family law!

Contact us now!