Filing an application

To file an application for divorce on the basis of a draft agreement, you and your former spouse must complete various steps, depending on your situation.

First, you must gather information on your rights and obligations. We recommend that you study the following topics:

• Family patrimony;
• Partitioning of the family patrimony;
• Matrimonial regimes;
• Parenthood;
• Family mediation;
• Child support;
• Support payments for a former spouse.

Moreover, you must discuss all the effects of your separation with your former spouse in order to find a solution that is satisfactory for both of you.

For this purpose, you and your former spouse can consult a legal advisor or attend a family mediation session.

You can prepare a joint application for divorce on the basis of a draft agreement with or without assistance from a legal advisor. 

Both you and your former spouse have everything to gain from discussing all the questions that need to be settled before beginning the process. Family mediation can help you agree on all aspects of your separation.

Before beginning the process, you must be in a position to assess, carefully, all the personal and financial consequences of the draft agreement you will sign. 

Information can be obtained from many different sources:

• local justice centres ;
• the information service at the Ministère de la Justice (phone);
• accredited family mediators;
• the Barreau du Québec;
• the referral service of the Barreau du Québec  (in french).

Last, you can consult a legal advisor to find out more about your rights and obligations. The legal advisor can answer your questions and help you draft your application.