If you and your ex-spouse agree on all issues relating to your separation, you can file a request at amicable divorce.
Your draft agreement (separation agreement) must cover child custody children, child support if you have dependent children, and the division of property and financial interests.
A request for divorce accompanied a draftcontract cannot be filed to court ins year following the date of the separation.
If this one year is not expired, we recommend that you start as soon as soon as possible the break, by strivingnt to write and and and sign aa contract. However, it you will have to wait the end of the one year before request the divorce and contract in court to obtain a divorce. divorce.
In some cases, it is possible to count the period during which you have lived at same place of residence than if you were a tenant at calculationthe period one year from fromthe date of your separation. At the initial with you, I'll be able to check whether possible in your your particular case.
The process of obtaining an amicable divorce involves 4 steps:
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 information about your rights and obligations agreements agreements, we note your agreements and help you find common ground common ground at the litiges.
The cost of our services at this stage will be covered by the Ministère de la Justice du Québec, up to a maximum of 5 hours if you have at least one dependent child, or 3 hours if you do no a child children. You incur only the costs opening of fees.
Step 2: Drafting a contract and filing for divorce
At as lawyer dthe famille, we prepare for you a draftcontract (and its annexes) and a petition for divorce, in in terms. We ensure that the form and content of these documents are comply with requirements of court and produce the legal effects you expect expect
Step 3: Identification and signing of legal documents
A personal or videoconference will be arranged organized with you to finalize and sign the legal legal documents which will be sent to court.
In particular, you will sign the affidavits sunder oath for avoid to to court for testify.
Step 4: Filing the divorce at the Tribunaleal
We will file your divorce application and accompanying documents, including the draft contract, with the court. The judge will review your request in the coming days or weeks. If the judge requests clarification or additional documents, we will do so at no extra charge.
Time limits and judgement
Once we have received your divorce decree,we will send it to you. It takes effect one month after the date of delivery. A little over a month after the judgment is handed down, the court will send us your certificate of divorce, which confirms that your divorce has taken effect. We'll send it to you by post.
Costs
Do not hesitate to contact us and we will be pleased to inform you of the costs of obtaining an amicable divorce.
Please note that we cannot vouch for the decision of the judge, who alone is responsible for deciding whether the conditions of the divorce are fulfilled or whether your agreement should be ratified as it stands.