Divorce by Agreement: the simplest, fastest, and most efficient divorce procedure

Amicable divorce / Divorce à l'amiable

The simplest, fastest, and most efficient divorce procedure is divorce by agreement, also known as "amicable divorce." This is a non-contentious procedure in which all divorce documents, including the joint application for divorce and the consent on ancillary measures to the divorce, are signed by both spouses and submitted to the court. Based on the submitted documents, the court pronounces the divorce, ratifies the parties' consent, and orders the parties to comply with it.

Generally, the joint applicants do not even appear before the court, and the decision is made in the absence of the parties. To obtain a divorce, the following elements must be present:

• At least one of the spouses must have resided in the province of Quebec for one year or more;

• There has been a breakdown of their marriage. Breakdown of a marriage is established if the spouses have lived separate and apart for at least one year immediately preceding the date of the judgment to come;

• Both spouses must agree on all disputed points, including property division, child custody, child support, and spousal support, if applicable. Even a small disagreement makes amicable divorce impossible.

Another interesting aspect of this type of divorce is that all the work can be done remotely by a lawyer. Meetings with clients can be held over the phone, and all documents can be sent by email.

Signing Documents: It is possible to sign the documents using electronic signatures. Your sworn statements can be certified by a commissioner of oaths remotely via video through Teams, FaceTime, or WhatsApp. The direct submission of documents to the court can be done electronically using, and the originals of some documents can be sent to the court by mail.

Thus, no matter where the spouses are located, even in the most remote areas, they can benefit from quality remote services at their convenience.

Contact us for more information

Phone: +1 (514) 600-6025