The simplest, fastest, and most efficient divorce procedure is divorce by agreement, also known as "amicable divorce" ("divorce à l'amiable"). This is a non-contentious procedure in which all divorce documents, including the joint application for divorce and the consent on ancillary measures to the divorce, are signed by both spouses and submitted to the court.
Based on the submitted documents, the court pronounces the divorce, ratifies the parties' consent, and orders the parties to comply with it.
Generally, the joint applicants do not even appear before the court, and the decision is made in the absence of the parties. To obtain a divorce, the following elements must be present:
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At least one of the spouses must have resided in the province of Quebec for one year or more;
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There has been a breakdown of their marriage. Breakdown of a marriage is established if the spouses have lived separate and apart for at least one year immediately preceding the date of the judgment to come;
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Both spouses must agree on all disputed points, including property division, child custody, child support, and spousal support, if applicable. Even a small disagreement makes amicable divorce impossible.
Another interesting aspect of this type of divorce is that all the work can be done remotely by a lawyer. If you are far away from Montreal, we can provide all services remotely, anywhere in Quebec, and even if one of the spouses lives abroad. We can communicate with you by phone or video.
Signing Documents: It is possible to sign the documents remotely using electronic signatures. The Superior court of Quebec accepts documents signed electronically. Your sworn statements can be certified by a commissioner of oaths remotely via video call.
It does not matter in which judicial district you live. Even if you live in a remote area, far away from Montreal, our lawyers can still represent you, because we do not have to be present in the courthouse, and we can submit the application trough the Quebec Judicial Digital Registry ("Greffe numérique judiciaire du Québec"). As to the supporting documents, we can send them to the court by registered mail.
Thus, no matter where the spouses are located, even in the most remote areas, they can benefit from quality remote services at their convenience.
Frequently asked questions in family matters
Which documents should be brought to the first meeting? For the first meeting, you shall bring with you your valid photo ID. Further, it is good to have with you the following documents: - Original of your marriage certificate (even if it is in a foreign language); - Original of your marriage contract, if applicable; - Copies of birth certificates of each spouse; If you have financially dependent children, we will also need: - Copies of birth certificates of all common children; - Copies of the latest Notice of Assessment (Quebec) of each spouse; - The latest tax declarations of each spouse; - The last three (3) pay stubs of each spouse; - Social insurance number of each spouse; - Originals of translations of documents that are in a language other than English or French; a translation must be done by a certified translator, member of the "Ordre des traducteurs, terminologues et interprètes agréés du Québec" (OTTIAQ)
Which documents should be prepared for a divorce by consent of the parties? The list of documents to prepare depends on whether you have minor children, whether you have adult children who are still financially dependent on you, and whether you wish to establish spousal support. In cases where you have dependent children or wish to establish spousal support, we will prepare the following documents: - Joint application for divorce; - Declaration under oath of the husband; - Declaration under oath of the wife; - Declaration of both applicants that they are aware of their obligations under Sections 7.1 through 7.5 of the Divorce Act; - Attorney’s declaration; - Certificate of clerk; - Attestation in respect of registration of births; - Agreement on accessory measures to the divorce; - The statement required under Article 444 of the Code of Civil Procedure; - Child support determination form (if both parties live in the province of Quebec). If one of the parties lives in another province, we will use the Federal Child Support Guidelines (SOR/97-175) to calculate the child support. Further, we will organize exhibits, prepare the endos, and submit your application along with all necessary documents to the court.
Do we have to contact a family mediator? No, but you might consider it in some situations. A family mediator is a neutral third party who assists couples in resolving disputes related to their separation or divorce. The mediator helps the couple communicate effectively, identify their issues, and reach mutually acceptable agreements on matters such as child custody, child support, spousal support, and the division of property. The mediator facilitates open and constructive communication between the spouses, ensuring that both parties have an opportunity to express their views and concerns. The mediator provides information about the legal and financial implications of various options, helping the couple make informed decisions. The mediator encourages a cooperative approach to problem-solving, promoting a spirit of compromise and collaboration. If the couple reaches an agreement, the mediator can draft a written agreement that outlines the terms of their settlement. However, the parties should understand that the agreement drafted by the mediator has no legal force and does not bind the parties. If you reach an agreement and the mediator has drafted an agreement, you should consider contacting a family lawyer who can prepare your joint application for divorce. Our lawyers can prepare a binding agreement between the spouses based on the agreement prepared by the family mediator. It is advisable to contact a mediator if you have disagreements but believe that these disagreements are not fundamental and that a compromise is possible. There is no need to contact a family mediator if you have already agreed on all the aspects of your divorce or if you are certain that an agreement is impossible. The latter can be the case, for example, in situations of domestic violence.
Other services in family matters
Our lawyers practicing family law can render you various services in family matters, from simple consultations to representation in the Superior Court of Quebec and the Court of Appeal of Quebec. Our comprehensive services in family matters include:
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Joint application for divorce / amicable divorce (non-contentious procedure);
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Applications for separation from bed and board (legal separation);
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Demands for custody and child support;
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Applications for permission to travel abroad with minor children;
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Establishment of access rights of the grand-parents to their grans-children;
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Establishment of alimentary support for minor children;
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Establishment of alimentary support for major children who are still financially dependent on their parents;
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Modification of the child support;
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Application for modification of custody and child support;
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Representation in the cases of parental alienation;
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Partitioning of the family patrimony;
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Partitioning of the partnership of acquests;
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Separation of the common-law partners;
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International litigations, where one party is domiciled outside of Quebec, including the cases where a party lives abroad;
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Litigations where one of the parties is absent and whose whereabouts are unknown;
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Establishment of filiation (demands to establish paternity, for example);
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Contestation of filiation;
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Demands for safeguard orders;
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Demands for provision for costs (request to order the other spouse to pay your legal fees);
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Continuation of the legal proceedings after they were started by another law firm;
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Representation of the clients in the Court of appeal of Quebec.
Contact us
Our adresse
1980, Sherbrooke Street West, suite 410, Montreal (QC) H3H 1E8
Email: info@sdnlegal.ca
Phone: +1 (514) 600-6025
Fax: +1 (514) 900-3834
