Understanding the legal language used by the judge

“Grants X full ownership of the automobile”

This means the judge has granted ownership of the car to one of you.

“Grants the exclusive use of the family residence to X”

This means the judge grants one of you the right to reside in the family residence. The person granted this right doesn’t have to be the legal owner. This right is generally granted to the person who was awarded child custody. A judge can also grant temporary use of other property, such as furniture.

“Orders X to pay child support to Y for the benefit of the child Z”

This means the judge has ordered one of you to make child support payments to the other. The conclusions will also provide the details of the payments, such as:

• The amount
• The frequency of payments
• The date of the first payment
• The method of payment

“Orders X to pay spousal support to Y”

This means the judge has ordered one of the ex-spouses to make support payments to the other. The conclusions will also provide the details of the payments, such as:

• The amount
• The frequency of payments
• The date of the first payment
• The method of payment

To be noted

If your judgment states that support payments for your child or ex-spouse are “payable directly to the Québec Ministry of Revenue”, you don’t have to take any steps to make the payments. Revenu Québec will take responsibility for collecting and transferring the support payments to your ex. This could take a few weeks, because the court has to send the judgment to Revenu Québec, which will then contact you regarding the details.

Did you know?

Since March 2021, the Divorce Act uses "parenting time" instead of "custody" and "access rights" when referring to the time that a child spends with each parent. If you're married, it's the expression you'll find in your legal proceedings and judgments rendered by the Court.

However, the terms "custody" and "access rights" are still used for de facto partners. 

“Grants X the majority of parenting time" or "Grants X custody of the minor child”

This means the judge has granted one parent the majority of the time during which he or she will be responsible for the child. The conclusions may provide other information, such as the amount of time the other parent can spend with the child and the schedule (for example, from 4 p.m. Friday to 6 p.m. Sunday, every second week).

“Grants shared parenting time as follows" or "Grants shared custody of the minor child as follows”

This means that you and your ex will each spend almost an equivalent amount of time with your child according to the terms set out in the conclusions of the judgment (for example, 7 consecutive days with one parent, then 7 consecutive days with the other parent, each time from 6 p.m. Friday to 6 p.m. the following Friday).

“Orders provisional execution notwithstanding appeal”

This means the court has ordered that you or your ex must comply immediately with the conclusions of the judgment, without waiting for the expiration of the usual 30-day period during which you can appeal the judgment.

“The whole without costs”

Despite what this might lead you to believe, this does not mean you are exempt from paying court costs. On the contrary, it means that you and your ex each remain responsible for your own court costs.

Certain conclusions appear only in divorce judgments, meaning only for couples who were married.

“Pronounces the divorce”

This means the judge accepts the application for divorce. However, you must generally wait until the 31st day following the judgment to be officially divorced. Once that date arrives, the court will send you your divorce certificate.

“Orders the partition of the family patrimony”

This means the value of your family patrimony has been divided, and that you and your ex no longer share a family patrimony. The judge may further specify whether one of you must pay the other a sum of money, or one of you must transfer one or several items of property to the other.

“Declares the matrimonial regime to be dissolved” or “Declares the partnership of acquests to be dissolved”

This means that the value of any property you have accumulated, other than the property in the family patrimony, is divided between you and your ex in the manner described by the judge. The judge may further specify whether one of you must pay the other a sum of money, or one of you must transfer one or several items of property to the other.