C-25.01, r. 0.2.4 - Regulation of the Superior Court of Québec in family matters

Section 27 Disposition versions

2021-10-07

27. Mandatory information: In every application for separation as to bed and board, the annulment of marriage, divorce, or the annulment or dissolution of a civil union, the applicant must communicate to the respondent and file in the court record either a declaration by the parties that they are not subject to the rules governing family patrimony, a renunciation of partition, a declaration that partition is not contested, or a form used to calculate the state of the family patrimony accompanied by a sworn statement within 180 days of serving the application.

If the respondent contests the form used to calculate the state of the family patrimony, the respondent must communicate to the applicant and file in the court record the respondent’s own form used to calculate the state of the family patrimony supported by a sworn statement within 30 days after the applicant communicated the original form used to calculate the state of the family patrimony.

The form used to calculate the state of the family patrimony is drawn up as established by directive by the Chief Justice and published on the Superior Court website.

Decision 2016-05-20, s. 27; Decision 2021-05-31, s. 15.

2016-06-16

27. Mandatory information: In every application for separation as to bed and board, annulment of marriage, or divorce, the party making the request for setting down for trial and judgement in accordance with article 174 of the Code of Civil Procedure (chapter C-25.01) must include either a declaration by the parties that they are not subject to the rules governing family patrimony, a renunciation of partition, a declaration that partition is not contested, or a sworn statement of the family patrimony made in accordance with article 413 of the Code of Civil Procedure.

Where the other party contests the statement, that party must communicate and file with the request for setting down for trial and judgment in accordance with article 174 of the Code of Civil Procedure a sworn statement of the family patrimony made in accordance with article 413 of the Code of Civil Procedure.

The statement of the family patrimony is prepared using the form established by order of the Chief Justice and published on the Superior Court website.

Decision 2016-05-20, s. 27.

Not in force

In force: 2016-06-16

27. Mandatory information: In every application for separation as to bed and board, annulment of marriage, or divorce, the party making the request for setting down for trial and judgement in accordance with article 174 of the Code of Civil Procedure (chapter C-25.01) must include either a declaration by the parties that they are not subject to the rules governing family patrimony, a renunciation of partition, a declaration that partition is not contested, or a sworn statement of the family patrimony made in accordance with article 413 of the Code of Civil Procedure.

Where the other party contests the statement, that party must communicate and file with the request for setting down for trial and judgment in accordance with article 174 of the Code of Civil Procedure a sworn statement of the family patrimony made in accordance with article 413 of the Code of Civil Procedure.

The statement of the family patrimony is prepared using the form established by order of the Chief Justice and published on the Superior Court website.

Decision 2016-05-20, s. 27.