Gouvernement du Québec - Justice

Joint Application for Divorce on Draft Agreement

Explanatory Notes

These explanatory notes refer to the proceedings models numbered 1 to 6 designed to assist individuals in preparing and filing a joint application for divorce on draft agreement on their own. The note numbers appearing in the models indicate that additional information is available in the note to which a number refers.

1

All proceedings must be written on white paper measuring 21.25 cm x 28 cm or 8 1/2 in. x 11 in.

2

The draft agreement must be written using one side of paper only, and be filed with your joint application for divorce.

3 All proceedings must be written legibly, preferably typewritten.

4 You must strictly observe the proposed layout (for example, the particulars on the left must remain on the left).

5 Copy the content of the models, reproducing everything written in ordinary lettering.

What appears in bold lettering must be adapted to your particular case (for example, replace Micheline Tremblay by your own name).

6 Enter the name of the judicial district in which you are filing your application. The application may be filed in the judicial district of your residence or in that of your spouse. A file number will be assigned by the clerk when you file your application at the courthouse.

7 If any of the facts do not apply to your situation, you must enter a note to that effect (for example, for allegation #6 of the application, you could write: “no child was born of our marriage”).

8 The following persons, by virtue of their office, may administer oaths:
  • court clerks and deputy clerks;
  • lawyers;
  • notaries;
  • mayors, clerks and secretary-treasurers in all municipalities; and
  • justices of the peace.
9 The clerk at the courthouse will sign the certificate when you open your file at the office of the court, but only if your file complies with all legal requirements.

10 You must attach a copy of your federal and provincial income tax returns to the Child Support Determination Form as well as your notices of assessment for the last income tax returns. If applicable, you must also attach your
  • pay slip;
  • financial statements; and
  • statement of income and expenses for an immovable.
11 Your agreement must provide for a comprehensive settlement of your divorce. Each case is different and depends on each person’s particular situation. You may either add or remove elements in the list of measures in the agreement. Adapt it to your own specific reality.

If you are having difficulty preparing your agreement or have doubts about the consequences it may entail, it is recommended you consult a legal advisor who will help you write up the agreement or will revise it with you.

12 We recommend you use only one paragraph for each item in your settlement. Each paragraph must be numbered.

13 If you wish to waive the partition of the earnings registered during the marriage on behalf of each spouse pursuant to the Act respecting the Québec Pension Plan Clicking on this icon will take you to another website., that intent must appear clearly in your agreement through the use of the following or similar terms: “There shall be no partition of the earnings registered under the Act respecting the Québec Pension Plan”.

Similarly, if you waive partition of the earnings registered in the name of your spouse under the Act respecting the Québec Pension Plan or under a similar plan, and also waive partition of the benefits accrued during the marriage in any other retirement plan, it must be clearly stated in your draft agreement that you are aware of the value of the partitionable earnings and benefits and that you are able to have the exact amount ascertained.

14 If you or your spouse is a recipient under a last resort financial assistance program, or if you were a recipient during any period covered by the agreement, you are required, without exception, to declare that fact in any support obligation agreement filed with the court in connection with a joint application for divorce.

15 It is important in your agreement to distinctly specify the amount of support payable for the children and the amount payable for one of the parents.

16 You may be asked by the judge to file an amended agreement if the judge finds that certain clauses in the agreement do not sufficiently protect the interests of one of the spouses or the children. The judge may adjourn the decision on the divorce until an amended agreement has been filed.

17 You need not file a copy of the acts of birth of the children, unless their filiation is contested. As for the acts of birth of the spouses, a photocopy will suffice. It is important, however, to file the original of the copy of the act of marriage5.

18 In certain judicial districts, a judgment may be rendered on the filing of detailed sworn affidavits (one for each spouse). Inquire at your local courthouse whether this is current practice in your judicial district.

19 If your divorce is granted on the filing of detailed sworn affidavits, you will not be required to appear in court. You will receive a copy of the judgment by mail.

20 In judicial districts other than those described in points 18 and 19 where sworn affidavits are not accepted, both spouses are required to appear in court on the scheduled date.

21 Both spouses must sign and date the document.

22 You must prepare a backing sheet for the following documents:

The backing sheet is attached, with the writing facing outward to the document it pertains and becomes the last page of the document. As you can see on the model, when folded, it will allow the proceeding to be identified. (Model 4).

23 If the draft agreement submitted with your joint application for divorce provides for a support obligation, the application must include a Sworn Statement under Article 827.5 of the Code of Civil Procedure, duly filled out for each party. It is known as Form SJ-766 and is available at all courthouses. Instructions on how to fill it out appear on the back of the form.

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1. Copy of the act is the name given by the Civil Code of Québec to an original and authentic document issued by the Directeur de l’état civil Clicking on this icon will take you to another website..

Related document
Joint Application for Divorce on Draft Agreement
Models of the forms of proceedings


For more information

The divorce and the Québec Pension Plan
     • Act respecting the Québec Pension Plan Clicking on this icon will take you to another website.
To obtain an official document certifying civil status (birth, death, etc.):
     • Directeur de l’état civil Clicking on this icon will take you to another website.
The addresses and telephone numbers of Québec courthouses:
     • Courthouses
Which judicial district a municipality is located in:
     • Search for a judicial district
Forms that relate to Joint Application for Divorce on Draft Agreement:
     • Child Support Determination Form
     • Sworn Statement under Article 827.5 of the Code of Civil Procedure (SJ-766A)

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Latest update: October 20, 2011



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