If you and your former partner agree on all issues relating to your separation, you can file a request from divorce to amicably.
Your draft agreement (agreement of separation) should be on the custody of the children, maintenance if you have dependent children, and the division of property and financial interests.
A request from accompanied divorce of a projecthe contract cannot be filed in front of a court ins the year following the date of the separation.
If this period of a an is not expired, we recommend that you start as from as possible after the break, by striving tont of write and from sign a contract. However, it will be necessary to wait At the end of the deadline of a year before request the divorce and draft the contract in court in order to obtain the divorce.
In some cases, it is possible to account for the period during which you have lived the even place of residence that if you were a tenant at calculationthe period of a an from de the date of your separation. At the time of maintenance initial with you, I will be able to check if it is possible in your particular case.
The process of obtaining a The amicable divorce process consists of 4 stages:
Step 1: Meeting to negotiate a draft agreement
We organise a meeting and we welcome you welcome you both of you in our offices or we meet with you meet with you remotely by video conference to help you identify the elements of your proposed separation agreement separation agreement.
We you inform on your rights and obligations, on the agreements of separation, we note your agreements and help you find a plot of land agreement in the bediges.
The cost of our services at this stage will be supported by the Quebec Ministry of Justice, to a maximum of 5 hours if you have at least one dependent child, or 3 hours if you have not child to charge. You do not incur that the fees opening from file.
Step 2: Drafting a contract and filing for divorce
In so much as a lawyer de the familye, we prepare for you a projecthe contract (and its annexes) and a request in divorce, at terms legal. We let's watch to what the form and content of these documents are compliant at requirements from court and produce the legal effects that you wait
Step 3: Identification and signing of legal documents
A meeting personal or video conference will be organized to finalise and sign the documents with you legal which will be sent at court.
In particular, you sign the affidavits sUnder oath for avoid to go at court for testify.
Step 4: Filing the divorce at courtal
We will submit your application for divorce and accompanying documents, including the draft contract, to the court. The judge will examine your application in the coming days or weeks. If the judge asks us for clarification or additional documents, we will do so at no extra cost.
Time limits and judgement
After receiving your judgementWe will send you the divorce decree. It takes effect one month after the date of delivery. A little more than a month after the judgement has been handed down, the court will send us your divorce certificate, which confirms that your divorce has come into effect. We will send it to you by post.
Costs
Please contact us and we will be happy to inform you about the costs of obtaining a amicable divorce
Please note that we cannot vouch for the decision of the judge, who is solely responsible for deciding whether the conditions of the divorce are met or your agreement must be ratified as is.