What do I have to prove in court in family law?
Short answer
In Quebec, in civil and family matters, the person who asks the court for something has to prove it on the balance of probabilities: the judge has to be satisfied that one version is more likely than the other, without requiring absolute certainty.
In detail
JuridiQC explains that the burden of proof lies first with the person who started the proceeding. The party who receives the application may in turn have to present evidence, for example to contradict the other side's; the burden is then said to shift.
Some things do not have to be proven: Quebec statutes, which the judge is taken to know; legal presumptions and presumptions of fact; and facts that are notoriously known.
Evidence has to be relevant, obtained without breaching professional secrecy, and respectful of fundamental rights such as the right to privacy. The judge can exclude inadmissible evidence if the opposing party objects to it. Finally, evidence remains mandatory even in a joint application for divorce.
What to document
Every fact you want recognized has to be tied to something concrete and dated. Organize your file by theme (custody, income, property, incidents) and, for each exhibit, note where it came from and when it was created. A document whose origin cannot be explained loses much of its value.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- JuridiQC — Divorce or separation proceedings: what you need to know about evidence
- JuridiQC — Separating or divorcing without a lawyer: what does it involve?
Related questions
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- Can I record a conversation with my ex to use it in court?
- What are the steps to get a custody judgment when you were not married?
- Can I represent myself in family court?
- Am I eligible for legal aid for a custody case?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.