Divorce is never easy. However, it can be less painful if the spouses agree to end the marriage. This article looks at the different ways you can get an amicable divorce.
Joint divorce
Joint divorce is a divorce of two people. The spouses file for divorce with the same documents. They are therefore co-applicants for divorce. These are the conditions for filing for divorce jointly: the spouses must agree on all the consequences of their divorce, child custody, child support, maintenance for the ex-spouse, the value of the division of property, etc. The reason for the divorce must be a separation of more than one year. You cannot rely on adultery and physical and psychological cruelty. If the spouses decide to use a lawyer or notary to draw up the divorce agreement and documents, that lawyer or notary must advise both spouses and be faithful, i.e. he or she will not favour the position of one at the expense of the other.
Divorce : modification of the wording of the law
As of March 1, 2021, the Divorce Act no longer uses the terms "child custody" and "access". From now on, the term "parenting time" is used to refer to a divorced parent-child relationship. For more information, see our article: Divorce: What is "parenting time" and what to do if you move.
Divorce by consent
The spouses do not have to file for divorce together, even if they agree.
This means that the spouses can divorce amicably, but they do so separately. This may be the case, for example, if the spouses are in one of the following situations:
Each of them wishes to be represented by their own lawyer
One of the spouses wishes to invoke adultery or physical or psychological cruelty as grounds for divorce
The divorce is now terminated at the request of one of the spouses and agreed at a later stage of the divorce proceedings.
The spouses do not agree on all the consequences of a divorce, for example they agree on the custody of the children but not on the division of the value of their property.
This agreement may also be called a "draft agreement" or "consent".
The agreement can eventually be transformed into a judgment and become part of a divorce judgment between the spouses.
The way in which the agreement is converted into a judgment depends on the situation of the spouses.
For more information, consult a lawyer.