It is quite possible to divorce amicably whether you have children or are a childless couple. You must meet the necessary grounds for an amicable divorce that are provided for in the Divorce Act.

If you have minor or dependent children, the process will have an additional step.

Amicable divorce for a childless couple

A married couple wishing to divorce amicably must:

  • make a list of each one’s assets,
  • agree on the division of property (movable and immovable property) accumulated after the marriage,
  • agree on the division of retirement pensions accumulated after the marriage,
  • agree on the amount of the spousal support, if necessary (not mandatory),
  • agree on or comply with the directives indicated in their marriage contract, if a marriage contract was made.

When we speak of division of property, it is not mandatory that the sharing is 50/50. Sharing must be as agreed by the spouses, even if it is not a fair sharing. It is enough that the two agree on the sharing.

Amicable divorce for a couple with (a) minor or dependent child(ren)

The steps are the same as for a childless couple, except that there is one more step to be taken. The couple must go through professional family mediation (subsidized by the Quebec government), in order to:

  • agree on parental time (childcare),
  • determine the alimony support for the child(ren).

The parents have the flexibility to agree on the parental time (childcare).

However, the amount of the child support alimony is not the subject of an agreement. The child support alimony must correspond to the amount calculated according to the government calculation scales. These government scales take into account the income, debts and assets of the spouses, as well as the sharing of parental time.

Although government and non-government support calculation simulators exist, only calculations made using Aliform and Jurisfamille software are deemed admissible by the courts of Quebec. This service is offered only by accredited family mediators.

Submit an amicable divorce petition to the court

Mtre Mona Salehi and her team are available to help you with your amicable divorce. Contact us at 514-903-8560 to start your amicable divorce file.

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