Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

THE FAMILY 101
The court may refuse to homologate an agreement
which it considers contrary to the interest of the family or of
one of the parties.
239 The court may amend a homologated agreement with
the consent of both parties, or on application by either party,
whenever circumstances justify this.
Section III
Grounds for separation as to bed and board and for divorce
240 Separation as to bed and board or divorce is granted
when a marriage breaks down.
241 A marriage is deemed to have broken down when:
1. a consort has seriously failed to execute an obligation
resulting from the marriage;
2. the consorts have lived apart for at least three years
immediately before the application was submitted,
because one consort has decided to cease cohabitation,
is incurably ill, or has been condemned to prison
following a criminal offence;
3. the consorts have lived apart by mutual agreement for at
least one year immediately before the application was
submitted and agree to separation as to bed and board
or to divorce.
242 Separation as to bed and board or divorce is granted
when one consort has not known the whereabouts of his
spouse for three years immediately preceding his application,
and has been unable to locate him for the whole of that time.
243 Separation as to bed and board or divorce is granted,
upon application by either consort, after at least one year of
cohabitation, if the marriage is not consummated by reason of
illness or disability.