If you are married, you can SEPARATE or get your union DISSOLVED.
Instead of getting “divorced,” in a civil union the legal term used to legally end your relationship is “dissolution.” It has the same effects as a divorce.
If a civil union dissolves, the union is legally over.
In a separation, the civil union does NOT end, but the couple lives apart. Please see “What is separation?” below for more information .
Example:
| Separation (from bed and board) | Dissolution | |
| Civil status | Spouses are still in a civil union | Spouses are no longer legally considered to be in a civil union |
| Ability to marry | Spouses CANNOT marry (because in Canada you can only be in a civil union with 1 person at a time – polygamy is not legally allowed) | Spouses CAN marry because they are no longer legally bound to their civil union spouse |
| Inheritance | If one spouse dies, the other spouse will inherit if there is no will | If one spouse dies, the spouses will NOT inherit if there is no will |
| Rights and obligations | Spouses still owe each other the same rights and obligations as if they were still in a civil union (e.g. obligation to provide support, assistance) | Spouses DO NOT owe each other the rights and obligations of a civil union |
| Judgment | Family patrimony can be divided.
Child custody can be determined. Spousal and child support payments can be established Applicability of compensatory allowance can be determined
|
Family patrimony can be divided
Child custody can be determined Spousal and child support payments can be established Applicability of compensatory allowance can be determined
|
If you and your spouse DO agree on the terms of the breakup and you have NO children, then you can write a joint statement supported by a notarised act (for example, a written agreement between you and your spouse that is then signed by a lawyer).
If you and your spouse DO NOT agree on the terms of the breakup or HAVE children, then you can get a court order.
You and your spouse need to agree what will happen to your property (who will use the house, who will have the car) and how you are to support one another (financial support, and the amount contributed for child support such as who will look after the child, who will pay for school, food, day care etc.).
When your civil union dissolves, several things can occur:
- DIVISION OF YOUR THINGS (the legal term is “ partition of your patrimony and the family patrimony”). Please see the section on “What happens to my things when I get married ?” of “Marriage and Civil Union” for further information on patrimonies.
- FAMILY PATRIMONY: the value of the items falling within the family patrimony are split in half between the two spouses
- Things falling within the family patrimony include the family residence, household furniture and decorations, family vehicle, and retirement savings
- The value of the items is calculated by looking at the market value (what the value of the items would be worth now if bought) of all the family’s patrimony
- Consideration is made of any expenses one of the spouses may have made to the purchase, improvement, or upkeep of the items within the family patrimony
- PERSONAL PATRIMONY: what happens to your items that do not fall under the patrimony is determined by your civil union regime (automatically it is “partnership of acquests” or, if you have a contract, “separation as to property”. Please see the section on “Matrimonial Regimes” of “Marriage and Civil Union” for further information on patrimonies.
- FAMILY PATRIMONY: the value of the items falling within the family patrimony are split in half between the two spouses
- CHILD SUPPORT
- OBLIGATIONS: whether you are divorced or not, both the mother and the father always have the same obligations to ensure that their children be educated, supervised, and cared for
- this contribution can be either in the form of money, or time spent with the children
- the amount of support is calculated considering: the total income of each parent, the number of children, the custody time, and any additional costs that the specific child may need
- CUSTODY: both parents retain their parental authority, unless there is a court order that states otherwise
- if parents disagree as to how child custody will be shared (who looks after the child and when), the judge decides whether custody will be shared or given to just one of the parents – in making a decision regarding custody, the judge considers:
- the best interest of the child
- emotional and financial situation of each parent
- the opinion of the child
- if parents disagree as to how child custody will be shared (who looks after the child and when), the judge decides whether custody will be shared or given to just one of the parents – in making a decision regarding custody, the judge considers:
- OBLIGATIONS: whether you are divorced or not, both the mother and the father always have the same obligations to ensure that their children be educated, supervised, and cared for
- SPOUSAL SUPPORT/ALIMONY
- Spousal support is often only paid temporarily, and is meant to help the spouse start a new life apart from their partner
- The spouse seeking support must submit an application to the court as well as a summary of the spouse’s financial situation and financial needs
- COMPENSATORY ALLOWANCE
- Compensatory allowances are paid when one spouse has contributed to the enrichment of the other spouse – the objective is to compensate the losses suffered by one spouse for the benefit of the other
- Household work alone is not often considered enough of a reason to grant a compensatory allowance
- GIFTS
- Any gifts which one spouse made to the other, or any promise to give a gift in the event of death, are cancelled (the legal term is annulled)