Family law in Quebec: the essentials

1. First: married, common-law, or parental union?

Your rights depend first on your status :

• Married (or in a civil union): you are covered by the family patrimony and by the matrimonial regime · certain property is divided on separation.
• Common-law partners with a child together born/adopted since June 30, 2025: you are automatically in a parental union (see below).
• Common-law partners without that situation (no child together, or a child born before June 30, 2025): no automatic division of patrimony · hence the importance of written agreements.

Whatever the status, everything that concerns the children (custody, support, authority) follows the same rules, centred on their interest.

2. The parental union (new regime, since June 30, 2025)

This regime applies automatically to common-law partners who have (or adopt) a child together as of June 30, 2025. It creates a parental union patrimony (notably the family residence, the household furniture and the vehicles used by the family) that is divided on separation. Other protections: a possible compensatory allowance if one partner became much wealthier than the other, and a temporary right to use the family residence for the parent who has custody. You can opt out by notarial act. Married couples, and common-law partners whose child was born before that date, do not have access to it.

3. The family patrimony (married couples)

For married people, certain property forms the family patrimony and is divided in equal shares on separation: the family residence, the furniture, the vehicles, and the rights accumulated during the marriage in pension plans. This is separate from the matrimonial regime (partnership of acquests, separation as to property…), which governs the rest.

4. Custody and parenting time

The only test is thebest interests of the child (Code civil, s. 33). The court weighs the child's needs, stability, ties and age, each parent's capacity, the history of care and any family violence. Several arrangements exist (shared time, mainly with one parent…); none is automatic. An agreement between parents is possible and encouraged.

5. Parental authority

Parental authority · the important decisions (health, education, religion) · in principle remains joint after a separation, regardless of custody time. One parent cannot, alone, deprive the other of it without a court decision.

6. Child support

It is set according to a Quebec table that takes into account both parents' income, the custody time and the number of children. An official child support determination form is used for the calculation. It is a right belonging to the child: parents cannot freely waive it, and it can be reviewed if the situation changes significantly.

7. Support between former spouses

Distinct from child support: after a marriage, a spouse may be entitled to support based on their needs and the ability to pay of the other. Common-law partners are not entitled to it in the same way (the parental union changes some rules for those who have had a child together since June 30, 2025). Check what applies to your situation.

8. Family mediation

Sessions of mediation (often subsidized for parents) help you agree on custody and support without a trial. The mediator is neutral. It is often faster, cheaper and less adversarial than a hearing.

9. Family violence

The family violence (including coercive control and a child's exposure to it) is a factor the court must consider in custody and parenting time decisions. Documenting dated, precise facts helps; but if you are in danger, your safety comes first (see the emergency resources).

10. Moving with the child (relocation)

A parent who wants to move in a way that would significantly change the other parent's time must generally give notice in advance. Failing an agreement, the court decides according to thebest interests of the child, taking into account the reasons for the move and the effect on the child's ties. Nothing is automatic.

11. Where it is decided: the Tribunal unifié de la famille (TUF)

Since June 30, 2025, a Tribunal unifié de la famille is established within the Superior Court: a single point of service for family law questions, to make access easier. For a broad sense of what happens at the hearing: how it unfolds in court · family →.

12. Getting help

Thelegal aid system (based on income), the community justice centres, JuridiQC and a family lawyer can point you in the right direction. For the steps themselves (mediation, support forms), Justice Québec offers free resources.