In a significant number of divorces, the spouses are unable to resolve their differences. These disagreements may concern issues such as the division of property (family patrimony and partnership of acquests), child custody, child or spousal support, among others. If the spouses agree on all matters related to their divorce, it is recommended that they file a joint application for divorce. A joint application for divorce, also known as an “amicable divorce” or "uncontested divorce", is the fastest and most cost-effective procedure compared to contentious divorce proceedings. However, if at least one disagreement persists, the divorce will be subject to contentious proceedings. This means that the initiator of the contested divorce, whether the husband or wife, will have to file for divorce against the other party. Our family law attorneys are here to assist you throughout the divorce proceedings. They can prepare and file all the necessary documents to initiate the proceedings on your behalf, such as the originating application for divorce, sworn statements, supporting documents, summons, and any other required documents. Additionally, our divorce lawyers can support you throughout the process and represent you in court. Fill out the online form or call us at +1 (514) 600-6026 to schedule an appointment with one of our family law attorneys in our Montreal office, or to arrange a telephone or videoconference consultation.
Urgent Measures
A contested divorce can last several months or even years, depending on the circumstances. Given the length of the process, the law allows for the rapid resolution of certain pressing issues (temporary child custody, spousal support during the process, provision for costs, determination of the right to use the family residence, among others).
To address these pressing issues, which cannot be postponed, the law allows for the filing of a demand for safeguard order with the Superior Court of Quebec. This application allows you to request a court decision on urgent matters such as: with whom the children will live during the divorce process, how parental time will be divided, who will pay child support, and in what proportion the parents will cover the children's special expenses (daycare, summer camp, dental expenses, glasses, etc.). Typically, a safeguard order application can be presented to the court within ten days from the date of service of the demand to the opposing party. However, in extremely urgent situations, it is possible to ask the court to shorten this timeframe and obtain a hearing within just a few days. Your lawyer will prepare the application for safeguard order, attach the necessary supporting documents, your detailed sworn statement, and a notice of presentation indicating the hearing date. If you are requesting an urgent decision regarding child custody, your lawyer will also prepare the Child Support Determination Form (“Schedule I”) and the declaration required under Article 444 of the Code of Civil Procedure. In general, the judge delivers their ruling immediately after the hearing, although in some cases, it may be issued in the following days.
It is important to note that the demand for safeguard order can be filed not only by the plaintiff but also by the defendant. Therefore, if you have initiated divorce proceedings without requesting a safeguard order, the opposing party still may do so. In such a case, you may wish to contest this motion.
Preparation for Trial on the Merits
During a divorce, complex legal issues often need to be resolved: division of family patrimony, division of the partnership of acquests, claims for compensatory allowances, establishment of parental time, establishment of child and/or spousal support.
To prepare the case for the final trial, the parties must complete the case file and submit all the evidence and other documents required by law. Within the first three months following the service of the divorce application to the opposing party, the attorneys of both parties must prepare a Case Management Protocol in Family Matters, a document that outlines the steps to be taken and the deadlines for completing them.
The Case Management Protocol may set deadlines for the filing of evidence in support of the claim and defense, written statements, pre-trial examinations (written or oral), expert reports, and the necessity and deadlines for filing preliminary motions.
Once the Case Management Protocol is accepted by the court, you generally have one year to complete your case file and request the court to set a date for the final hearing, where a judge will resolve the dispute. Trial preparation includes preparing the Statement of Family Patrimony, the Statement of Partnership of Acquests, the Child Support Determination Form (“Schedule I”), if both parents reside in Quebec, the declaration required under Article 444 of the Code of Civil Procedure, as well as the certificate of participation in the parenting and mediation information session. Expert reports may also be necessary, for example, to assess the value of a family residence, and often a psychosocial assessment may be required in cases where one party alleges parental alienation or child abuse by the other party.
Once the case is ready, the parties usually file a Request for setting down for trial and judgment by way of a joint declaration and obtain the final hearing dates.
Final judgment
The last step is the final trial. After the trial, which can last one or several days, the judge renders a judgment. Usually, the judge does not issue the decision immediately but rather takes the case under advisement and delivers the judgment within the following weeks or months. The divorce judgment takes effect on the thirty-first day following the date of judgment. The court informs the parties that the judgment has been rendered by a notice of judgment. Each party may appeal this judgment if they disagree and believe that the judge made a palpable and overriding error in assessing the facts or an error of law. The notice of appeal must be served on all parties, notified to certain other persons and the registry of the Superior Court, and filed with the Court of Appeal of Quebec within 30 days from the date of the notice of judgment.
Frequently asked questions in family matters
Which documents should be brought to the first meeting? For the first meeting, you shall bring with you your valid photo ID. Further, it is good to have with you the following documents: - Original of your marriage certificate (even if it is in a foreign language); - Original of your marriage contract, if applicable; - Copies of birth certificates of each spouse; If you have financially dependent children, we will also need: - Copies of birth certificates of all common children; - Copies of the latest Notice of Assessment (Quebec) of each spouse; - The latest tax declarations of each spouse; - The last three (3) pay stubs of each spouse; - Social insurance number of each spouse; - Originals of translations of documents that are in a language other than English or French; a translation must be done by a certified translator, member of the "Ordre des traducteurs, terminologues et interprètes agréés du Québec" (OTTIAQ)
Which documents should be prepared for a divorce by consent of the parties? The list of documents to prepare depends on whether you have minor children, whether you have adult children who are still financially dependent on you, and whether you wish to establish spousal support. In cases where you have dependent children or wish to establish spousal support, we will prepare the following documents: - Joint application for divorce; - Declaration under oath of the husband; - Declaration under oath of the wife; - Declaration of both applicants that they are aware of their obligations under Sections 7.1 through 7.5 of the Divorce Act; - Attorney’s declaration; - Certificate of clerk; - Attestation in respect of registration of births; - Agreement on accessory measures to the divorce; - The statement required under Article 444 of the Code of Civil Procedure; - Child support determination form (if both parties live in the province of Quebec). If one of the parties lives in another province, we will use the Federal Child Support Guidelines (SOR/97-175) to calculate the child support. Further, we will organize exhibits, prepare the endos, and submit your application along with all necessary documents to the court.
Do we have to contact a family mediator? No, but you might consider it in some situations. A family mediator is a neutral third party who assists couples in resolving disputes related to their separation or divorce. The mediator helps the couple communicate effectively, identify their issues, and reach mutually acceptable agreements on matters such as child custody, child support, spousal support, and the division of property. The mediator facilitates open and constructive communication between the spouses, ensuring that both parties have an opportunity to express their views and concerns. The mediator provides information about the legal and financial implications of various options, helping the couple make informed decisions. The mediator encourages a cooperative approach to problem-solving, promoting a spirit of compromise and collaboration. If the couple reaches an agreement, the mediator can draft a written agreement that outlines the terms of their settlement. However, the parties should understand that the agreement drafted by the mediator has no legal force and does not bind the parties. If you reach an agreement and the mediator has drafted an agreement, you should consider contacting a family lawyer who can prepare your joint application for divorce. Our lawyers can prepare a binding agreement between the spouses based on the agreement prepared by the family mediator. It is advisable to contact a mediator if you have disagreements but believe that these disagreements are not fundamental and that a compromise is possible. There is no need to contact a family mediator if you have already agreed on all the aspects of your divorce or if you are certain that an agreement is impossible. The latter can be the case, for example, in situations of domestic violence.
Other services in family matters
Our lawyers practicing family law can render you various services in family matters, from simple consultations to representation in the Superior Court of Quebec and the Court of Appeal of Quebec. Our comprehensive services in family matters include:
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Joint application for divorce / amicable divorce (non-contentious procedure);
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Applications for separation from bed and board (legal separation);
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Demands for custody and child support;
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Applications for permission to travel abroad with minor children;
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Establishment of access rights of the grand-parents to their grans-children;
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Establishment of alimentary support for minor children;
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Establishment of alimentary support for major children who are still financially dependent on their parents;
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Modification of the child support;
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Application for modification of custody and child support;
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Representation in the cases of parental alienation;
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Partitioning of the family patrimony;
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Partitioning of the partnership of acquests;
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Separation of the common-law partners;
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International litigations, where one party is domiciled outside of Quebec, including the cases where a party lives abroad;
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Litigations where one of the parties is absent and whose whereabouts are unknown;
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Establishment of filiation (demands to establish paternity, for example);
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Contestation of filiation;
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Demands for safeguard orders;
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Demands for provision for costs (request to order the other spouse to pay your legal fees);
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Continuation of the legal proceedings after they were started by another law firm;
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Representation of the clients in the Court of appeal of Quebec.
Contact us
Our adresse
1980, Sherbrooke Street West, suite 410, Montreal (QC) H3H 1E8
Email: info@sdnlegal.ca
Phone: +1 (514) 600-6525
Fax: +1 (514) 900-3834
