divorce lawyer Montreal

When Bonds Break… Separation

When bonds break and you decide to separate, temporarily or permanently, we at Kalman Samuels, Q.C. & Associates, as your divorce lawyer in Montreal, can help you to get an agreement. Our firm is specialized in negotiating family law cases and in drafting of complete agreements resolving the entirety of the most common disputes in family law, including child and spousal support.

This area of human relations is often fraught with conflict and raw with emotions. These additional components means that an objective third party can help in mediating the way through the numerous difficulties—establishing the exact income, assets and liabilities of the other spouse. Our lawyers can be engaged to ensure you are fairly represented.

Grounds for Separation as to Bed and Board

Separation as to bed and board is granted when the will of the spouses to live together is gravely undermined. Such is the case in the following particular circumstances:

  • When the spouses or one of the spouses reports the proof of accumulated facts that renders further living together highly intolerable;
  • When, at the time of the application, the spouses are living apart from each other;
  • When one of the spouses has seriously failed to perform an obligation resulting from the marriage: however, the spouse may not invoke his or her own failure.

In certain situations, the spouses do not wish or are not in a position to institute Divorce proceedings, may it be:

  1. 1. For personal reasons (such as the desire not to permanently break the bonds of the marriage but rather to be temporarily released from the obligation to live under the same roof);
  2. The Quebec Courts do not have jurisdiction to hear Divorce proceedings because none of the spouses have been ordinarily residents in the Province of Quebec for at least one (1) year immediately preceding the institution of proceedings;
  3. The spouses wish to remain together as a couple, but for various reasons they require living separately for a certain period of time, and partitioning of their assets and/or child and spousal support need to be addressed.

The abovementioned examples do not represent the entirety of the reasons why spouses would opt for separation as to bed and board. Proceedings in separation are very often the only option available to spouses experiencing jurisdictional problems. It is always possible to switch to proceedings in Divorce once the jurisdictional requirements are met by the parties.

Jurisdiction of the Quebec Courts

The provisions contained in the Quebec international private law section of our Civil Code provide that the Quebec authorities are qualified to rule in separation as to bed and board proceedings when one of the spouses has his or her residence in the Province of Quebec at the time of the introduction of the action.

With regard to a married couple who has been residing in different countries and whose ordinarily residence may be the object of a contestation, and thus entail a debate on the jurisdiction of the Quebec Courts, a separation as to bed and board often represents an alternative to Divorce proceedings, especially when urgent proceedings pertaining to custody, alimony or patrimony are necessary.

Division Of Patrimony After A Separation

Partition of the family patrimony may take place in case of a separation as to bed and board and the same situation prevails with respect to movable and immoveable property governed by the matrimonial regime applicable to the spouses. In the same way, in case of a separation as to bed and board, the matrimonial regime of the spouses will become that of a separation as to property and its effects will commence at the date of the institution of the proceedings or, at the date on which the spouses ceased to live together.

The previous comments with respect to family patrimony and other patrimonial rights resulting from the marriage are also applicable in cases involving a separation as to bed and board.

 

Kalman Samuels, Q.C. & Associates
2000 Peel Street, suite 205
Montreal, Quebec H3A 2W5
t: 514-939-1200
f: 514-939-1201