Divorce Agreement (draft agreement or amicable divorce)

Are you looking for a notary in Montreal for your amicable divorce?

Since 2011 Mtre Salehi has supported couples wishing to divorce in the framework of an amicable divorce. Clients appreciate her great listening skills and ability to bring the two parties’ proposals together to arrive at a consensus. Contact Mtre Mona Salehi Notary for your amicable divorce. Call us at 514-903-8560

According to the l’Institut de la Statistique du Québec, close to one marriage in two will end in a divorce. There are various forms of divorce in Canada, among which joint divorce on a draft agreement has many advantages. Often called amicable divorce, it reduces the risk of conflict between spouses and the negative impact that a divorce can have, both personally and financially.

Les conditions pour demander l’annulation d’un mariage civil sont très précises.

The benefits of the divorce agreement

The benefits of amicable divorce are undeniable. If you comply with the conditions set out in the Canadian Divorce Act, you can opt for amicable divorce. In addition to the joint application for divorce, a draft agreement must be drawn up which will be presented to the Judge. Amicable divorce is a solution that usually lets a divorce be obtained faster and at lower cost, since you avoid the legal fees related to a divorce, such as lawyer’s fees for both parties. For a divorce with a lawyer, count on $150 to $500 per hour per lawyer, depending on his experience and the complexity of the case. The average amount for a divorce in court with two lawyers ranges between $2,000 and $15,000. Joint divorce on a draft agreement with a notary is then an extremely interesting option to consider.

Les conditions pour demander l’annulation d’un mariage civil sont très précises.

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    What are the conditions for an amicable divorce?

    It is important to meet certain conditions for amicable divorce. The spouses must:

    • Have been separated for more than one year, with no hope of reconciliation and resumption of common life
    • Agree on child custody, access rights and exercise of parental authority (if applicable)
    • Support payments (if applicable)
    • Settlement of the matrimonial regime
    • Sharing the family patrimony or renunciation of sharing
    • Ownership of property

    How to divorce amicably quickly?

    A quick amicable divorce is possible. The time required for obtaining an amicable divorce judgement varies depending on two factors. The first factor is the time required for preparing the amicable divorce petition. This may take several weeks, especially if the spouses have minor children. They will then have to participate in a mediation process with a family mediator. Preparation of the amicable divorce petition (or joint petition for divorce on a draft agreement) generally takes 3 to 6 weeks. Subsequently, the second factor is the time required for the court to render its judgement. In the district of Montreal, the courthouse time varies between 3 to 6 months. To get a divorce as quickly as possible, you must therefore be well prepared for the consequences of an amicable divorce to reduce the time taken to prepare the divorce petition as much as possible.

    How do you apply for a divorce without a lawyer?

    In Quebec, it is possible to file a petition for divorce without a lawyer. It is important to carefully weigh the pros and cons because you will have to respect all the rules of procedure. A lawyer may be able to advise you without representing you in court for your divorce petition. Since February 21, 2017, you can divorce amicably with a notary. If you want a divorce that avoids conflict, the notary will represent you from start to finish of the amicable divorce process. You can get a divorce without going to court.

    How much does an amicable divorce cost?

    The cost of an amicable divorce in Quebec ranges from a few hundred dollars to a few thousand dollars. First of all, there are legal and bailiff fees for filing the petition with the Court. Online amicable divorce services are available for a few hundred dollars. In many cases, these services and the prices displayed for an amicable divorce are for very simple separation situations. It is then necessary to add on the fees of the lawyer who accompanies you for opening the file, preparation of the petition for divorce which will be presented to the Court and execution of the legal procedure. The cost of an amicable divorce is shared between the spouses. On average and depending on the specifics of each divorce, the price per spouse is between $700 and $1,000.

    Why retain the services of a notary for preparing your divorce agreement?

    The notary is by definition the jurist of the agreement. He/she will advise you and inform you of your rights and obligations so you can come to an agreement. The notary will also take care of preparing your draft agreement. The draft agreement is a document by which the spouses discuss and decide on settling their financial relationships and any sharing of assets if applicable, and the issue of child custody and/or alimony. This document, written by the notary, will greatly facilitate its validation by the court.
    To facilitate access to justice for citizens, notaries are now entitled to file your application with the court, and thereby minimize or eliminate the need to present yourself personally to the court for filing your case.
    On its website, the Ministry of Justice advises calling on a legal adviser, such as a notary, in the context of a joint application for divorce:
    “Many people go to the courthouse in their region every day to get information on how to prepare and submit a joint application for divorce on a draft agreement.
    This application process seems simple and many will be tempted to save the fees of a legal advisor. But be careful, each spouse must be able to carefully assess all the consequences, both personally and financially, of the draft agreement he will sign.
    If you are not familiar with your rights and obligations, it is better to use a legal advisor.”
    Source: Ministry of Justice

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