E-consult Andrew Heft on your
file ($75)
“Do-it-yourself joint divorce application”
We provide you with two Options
to do your divorce yourself depending upon whether, and to what extent, you
need help preparing and completing the forms.
In both cases you will issue and
process the file to its completion at court yourself:
v
OPTION #1Click
here for option 1 ($100)
·
-We supply the basic
forms and proceedings, as well as a set of basic instructions
·
-you complete the
forms, issue, file, present, and process your completed divorce application
yourself
·
-you may e-consult
us should you have any questions or require assistance completing the
documentation or processing your file to its completion
·
-we provide the mandate in anticipation of incapability.
GUARANTEE - you will receive the
answer to your question within 3 business days of your request or you will
receive your money back
v
OPTION #2
Click
here for option 2 ($250)
Click
here for option 2 plus finalized agreement($400)
·
-you
fill out the supplied questionnaire
·
-We complete the
basic forms and proceedings for you which we will send to you by email.
(250$)
·
Additional
option: you may ask that we draft and finalize the separation agreement to form
part of the judgment of divorce which we will send to you by ExpressPost. (additional
150$)
·
-your issue, file,
present, and process your completed divorce application yourself
·
-you may e-consult
us should you have any questions or require assistance completing the
documentation or processing your file to its completion
·
-we provide the mandate in anticipation of incapability.
GUARANTEE - you will receive your
completed forms within 10 business days of your request or you will receive
your money back
GUARANTEE - you will receive the
answer to your question within 3 business days of your request or you will
receive your money back
When
should a “do-it-yourself joint
divorce” be considered?
The “do it yourself divorce” offered on this site should be considered
when you have settled all of the outstanding issues relating to your divorce,
and wish to have the Court render a judgment of divorce that incorporates
what you have agreed to.
What are the advantages of a joint
application?
A joint motion does not have to be served on the other party and thus
saves the cost of using a bailiff.
A joint motion does not require a notice of presentation.
An ordinary motion for divorce must be presented to the Court no earlier
than 30 days subsequent to the date of its issuance. On the date of presentation
the parties either proceed before the Court to obtain a judgment of divorce
by making their evidence orally in front of the judge if the file is then ready,
or they may ask that the file be referred for judgment and then, or shortly
after if the file is not yet complete, deposit all of the necessary documentation.
If, however, you proceed by joint application there is no need to present
your request to the Court by way of notice of presentation at least 30 days
subsequent to the date of issuance of the joint application. You simply issue
the joint application without any notice, and attach all of necessary
documentation comprised of the substantiating affidavits, the exhibits, Child
Support Determination Form (if there is child support payable, article 827.5
declaration required by the Minister of Revenue for the collection of Child
and/or Spousal Support), and a draft judgment, to complete the record so that
the Court has everything that it needs to render a judgment of divorce.
The Court then processes your file, and assuming that everything is done
properly, both parties should receive the divorce judgment in the mail about
three months later without the necessity of having to appear in Court.
When should a legal advisor be
consulted?
A “do-it-yourself divorce” requires the full cooperation and agreement
of both parties and is not meant for situations where there are financial
or custody issues that are unresolved. In these
cases a legal advisor should be consulted.
A legal advisor should also be consulted if you are not fully certain
about your rights and obligations. To proceed successfully on a joint
application both parties must be able to assess and be aware of the implications
of the agreement that is to form the basis of the divorce judgment requested.
Documents
required for an uncontested “do-it-yourself-divorce”
·
- the motion
introductive of suit for judgment of divorce – including a joint motion
·
- the exhibits
- the original birth certificates of both parties
-
if not available, a copy of the citizenship certificate
- a copy of the birth certificates of the children
- the original marriage
certificate
-
the marriage contract -
if applicable
- the deed of renunciation to the family patrimony provisions -if
applicable
·
- the signed separation
agreement
OPTIONAL - with the information
that is required, and if you provide a summary of the points that have been
agreed on we can draft the agreement for you, in which case you will have
a document that guarantees that everything has been covered
·
- the Attestation relative to Births
·
- the detailed affidavits
·
- the draft divorce judgment
·
- the Child Support Determination Form -
*if the agreement provides for the
payment of child support.
AND
*if the Quebec Guidelines apply
·
copies of your
last federal and provincial income tax returns, as well as your notices of
assessment for the last year.
·
- the Statement of Revenues and Expenses
·
- the sworn declaration under article 827.5 of the Code of Civil
Procedure
pertinent provisions of law
·
The Divorce Act, 1985
Grounds for
divorce
Sec. 8(2) (Marriage breakdown): “Breakdown of a
marriage is established only if:
a)
the spouses have lived separate and apart for at least one
year immediately preceding the determination of the divorce proceeding and
were living separate and apart at the commencement
of the proceeding; [ …]”
·
The Code of Civil Procedure
Divorce
application
Art.
822 “Spouses
who apply jointly […] for divorce, settling the
consequences thereof in a draft agreement which they submit to the court for
approval, must file at the office of the court a declaration signed by each
of them […].”
Draft agreement
Art
822.1
“The draft agreement is dated and signed by the spouses. It contains a full
settlement of the consequences […] of their divorce and indicates, if such
is the case, the person entrusted with the liquidation of the matrimonial
regime.
The
draft agreement also settles the situation of the spouses and that of the
children, if any, during the proceedings; it also
serves as a provisional covenant unless, to their
declaration, the spouses annex such a covenant,
dated and signed by them, bearing on the various
points that may be subject of provisional measures.”
The
judge’s role
Art
822.2
“The judge presiding at court may, before examining the final draft agreement
and after ascertaining the admissibility of the application, direct that
the clauses of the provisional covenant which appear to him to be contrary to
the interests of the children be deleted or amended;
The
judge may also, if he considers it necessary to verify that the spouses
truly consent, convene and hear them, even separately
in the presence of their attorneys, if such is
the case;”
Art
822.3
“if the judge presiding at court finds that the draft agreement presented to
him does not sufficiently preserve the interests of the children or of either
spouse, he may dismiss the application for […] divorce or adjourn his decision
until an amended draft agreement is presented.”
Art
822.4
“The application […] for divorce lapses if the spouses omit to present an
amended draft agreement within three (3) months from the order of adjournment,
unless the court extends the time prescribed, on the joint motion of the
parties.
The application also lapses if either of the spouses
discontinues the application.”
Art
825.5
“When granting […] divorce following a joint application accompanied with a
draft agreement, the court, by its judgment, confirms the agreement.”
Determination of
child support
Art
825.8
“The government, by regulation, shall establish standards for the determination
of the child support payments to be made by a parent, on the basis of the basic
parental contribution determined in respect of the child, of the child care
expenses, post-secondary education expenses and special expenses relating to
the child and of the parties’ custodial arrangement in respect of the child.
The government shall prescribe the use of a form and of a related table determining,
on the basis of the parents’ disposable income and the number of the children,
the basic parental contribution, as well as the production of evidentiary
documents.”
Child Support
applications
Art
825.9
“No application relating to child support may be heard unless it is accompanied
by the form prescribed for the determination of child support payments,
duly completed by the plaintiff, and by the prescribed documents.”
Art
825.11
“The parents may produce the prescribed form and prescribed documents jointly.
If they do they are exempted from service requirements.”
Art
825.13
“The support to be provided to a child is determined without regard to support
claimed by a parent of the child for himself.
A
judgment granting support to a child and to a parent of the child must state
separately the amount of support to be provided to each.”
Art
825.14
“Parents who make a private agreement stipulating a level of child support that
departs from the level of support which would be required to be provided
under the rules for the determination of child support payments must state precisely,
in their agreement, the reasons for such departure.”
Support
applications generally
Art
827.5
“No application relating to an obligation of support may be heard unless it is
accompanied by a sworn statement by the plaintiff containing the information
prescribed by regulation. […]
Moreover,
no ruling may be made on an agreement relating to an obligation of support submitted
by the parties unless the sworn statement referred to in the first paragraph
has been filed by each of the parties at the office of the court. […]
Art
827.7
“Any party to an agreement relating to an obligation of support submitted in
connection with an application governed by this Title must, where applicable,
declare that the fact that the party is a recipient under a last resort
financial assistance program or received benefits under such a program during
the period covered by the agreement.”
·
Rules of Practice of the Superior Court
Setting up a legal
proceeding
Rule 5 “Every
proceeding shall be legibly written on one side only of a good quality paper
measuring 21.25 cm x 35 cm (8
1/2 x 14 inches); the nature and object of the proceeding shall be
indicated on the back, with the record number and the names of the parties,
the party filing it, as well as the name, address,
postal code, telephone number and computer code
of his attorney.
Every
proceeding introductive of suit shall indicate the name, address and postal
code of the parties. […] If a party
is not represented by an attorney […] the party shall sign the proceeding
personally. […]”
·
Rules of Practice of the Superior Court in Family Matters
Involvement of
Youth Protection
Rule
18
“Child custody and tutorship: A party who applies for custody of a child or
tutorship to a child must attest that the child is not the object of a court
nor a pending case before a court decision to of an agreement with the Director
of Youth Protection, or, if such is the case, must give the particulars
of such decision or pending case to agreement.”
Attestation of
birth
Rule
22
“Attestation of birth: In every application for divorce, and attestation of
birth for each spouse, drawn up in accordance with Form II, must be enclosed
with the inscription for proof and hearing, or, in the case of a joint
application, with the declaration.
A
case may not be inscribed to a declaration filed without such attestations.
The
attestation shall be attached to the copy of the judgment that is sent to
the Registrar of Civil Status.”
Birth certificates
Rule 23
“Birth certificates: Providing children’s birth certificates as evidence is not
required unless their legitimacy is in dispute. Similarly, photocopies
of the parties’ birth
certificates are sufficient.”
Joint application
Rule
25
“Joint application: All exhibits shall be filed with the court office at the
same time as the joint application.”
Consent to
Judgment
Rule
29
“Consent to draft agreement: The consent or draft agreement of the parties or
their affidavits for judgment shall describe each party’s financial resources
and situation, unless they have completed and submitted a sworn financial
statement in accordance with Form III or, as the case may be, with the form
for fixing child support”
