In Quebec, spouses can present their application for amicable divorce by themselves to the Court. The parties must then fill out various documents, present various documents, pay fees and file their joint divorce application on draft agreement to the clerk of the Superior Court. While it is possible for the spouses to present it themselves, for the reasons referred to below it is strongly advised to be supported by a jurist who is knowledgeable about this subject. Jurists such as Mtre Mona Salehi and her team can assist you in your application for amicable divorce.
Presenting a joint application for divorce on draft agreement requires preparation and must meet various criteria established by law. Otherwise, the application for amicable divorce could be inadmissible or even rejected by the court.
It is important to have a good understanding of the concepts of family patrimony, the different matrimonial regimes, the effects of civil marriage, parentage, etc., to present an acceptable application for divorce on draft agreement without inconsistency.
The most common errors for amicable divorces
Often, people who want to divorce and who have applied for divorce themselves contact us. Their request has been rejected or missing documents are requested by the court clerk. Here are some mistakes we often see:
- Incomplete file because a document is missing (divorce application, draft agreement, required documents, sworn declaration under section 827.5 of the Civil Code of Quebec, child support form, affidavit of the financial situation of the parties).
- Incomplete file because essential information is missing in elements of the procedure.
- Failure of one or more of the parties to sign and date one or more documents presented to the Court.
- Making arrangements that go against the law.
- Procedural deeds or draft agreements that are not drawn up according to the directives of the Quebec Ministry of Justice (writing on one side of a sheet, size and colour of the sheet, non-compliance with the proposed provisions, unreadable content).
- Non-conforming endorsements and folding of documents.
Present a divorce application acceptable to the Court
Avoid errors in your application for divorce and do not delay your amicable divorce. Mtre Mona Salehi and her team can be reached at 514-903-8560 to assist you in this process.