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CCQ updated on

  • 2011.08.25

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Table of Contents

Book two - The family

Title one - Marriage

Chapter vi - Separation from bed and board

Division i - Grounds for separation from bed and board

Section 494

494. The will to live together is gravely undermined particularly
 1) where proof of an accumulation of facts that make further living together hardly tolerable is adduced by the spouses or either of them;
 2) where, at the time of the application, the spouses are living apart;
 3) where either spouse has seriously failed to perform an obligation resulting from the marriage; however, the spouse may not invoke his or her own failure.
[1991, c. 64, a. 494].

Court of Appeal of Quebec

  1. Droit de la famille - 3258, 1999 CanLII 13666 (QC C.A.), 1999-02-22