You and your spouse have decided that you can no longer live together and wish to divorce. You must be prepared for the many consequences of a divorce, both for your own well-being and that of your children.

If you and your spouse can agree on how to handle all the consequences of divorce, you may want to consider divorcing “on a friendly basis.” Essentially, this means that you and your spouse draw up a draft agreement detailing the terms of your divorce and present it to the court to have it ratified by a judge.

Your draft agreement should cover the following issues:

• the division of the family patrimony;
  
• the partition and liquidation of the matrimonial regime (separation as to property, community of property, partnership of acquests);
  
• custody of the children;
  
• access rights to the children;
  
• child and spousal support;
  
• other marriage related rights.

Above all, you should remember that every situation is different and, as such, your agreement should be adapted to your particular situation.

No. Before you can file a joint application for divorce, you must allege that you and your spouse have been separated for at least a year.

The cause of the break-up is not important because in this instance the divorce is one of no-fault. You must simply be living apart when you file your application and have been living apart for one year at the time the divorce judgment is proclaimed.

It is therefore very important to note that it is possible for you and your spouse to present a joint application for divorce based solely on the ground that you have been separated for at least a year. This means that you can both apply for the divorce.

On the other hand, if you plan on invoking adultery or physical or mental cruelty as grounds for divorce, you must file a divorce petition against your spouse. This makes you the plaintiff and your spouse the defendant in the divorce proceeding. For more information, consult our Infosheet Having the Right to Get Divorced.

Your application for divorce must be filed with the clerk of the Superior Court, Family Division, and be accompanied by the following documents:

• the original divorce application, including the declarations under oath (affidavits);
  
• the child support determination form;
  
• the original draft agreement;
  
• a list of documents to be filed in court;
  
• birth certificates of both spouses;
  
• a certified copy of the marriage certificate;
  
• a certified copy of the notarized marriage contract (if you have one);
  
• the most recent tax returns and pay slips for each spouse.

Please note that all proceedings must be drafted on white letter-sized paper (8½ inches x 11 inches).

Yes, you can prepare your own divorce application as well as draw up a draft agreement detailing all the terms of your divorce. You must make sure that you fully understand the contents of the agreement when you sign it and that your consent is given freely and clearly, without pressure or threats from your spouse or a third party.

Before signing any document, Éducaloi strongly advises you to consult a lawyer to make sure that your rights are protected.

A simple consultation may save you future worry!

As mentioned above, if you and your spouse have been living apart and formally agree on all the terms of your divorce, you may file a joint application for divorce.

The entire process is described in a brochure entitled “Joint application for divorce on draft agreement” published by the Ministère de la Justice and available at every courthouse in Quebec.

When your application is complete, you or your lawyer must file it with the civil court clerk at your local courthouse and pay the required fee in cash or by certified cheque. The clerk will then assign you a file number and let you know the date of your court hearing, if there is one.

At the same time that you deposit your documents at the local court clerk's office, you can find out whether your presence in court is required. You can also get this information from your lawyer. They can additionally let you know more about how long it will take to obtain your divorce.

It is very important that you consult your lawyer or the personnel at your local court to obtain precise information about the necessity of your presence in court.

If you have not been using a lawyer to help you prepare your joint application, and you and your spouse disagree on some issues, we advise you to contact a lawyer who will help you with negotiating and drafting the documents.

A friendly divorce is preferable, but not at any cost. You must ensure that your rights are being protected. Remember that a judge will ratify the agreement between you and your ex-spouse, and you will have to live with it for many years. As the saying goes, an ounce of prevention is worth a pound of cure!