We often think of divorce as a long, confrontational process involving a court trial and costly legal fees.
However, an amicable divorce is also possible.
An amicable divorce offers a simpler, more affordable option.
Advantages of an amicable divorce
- Quick settlement;
- Lower legal fees;
- A less confrontational separation, especially if children are involved.
Obtaining an amicable divorce
An amicable divorce can be obtained by filing an application for divorce based on a draft agreement.
Regulation to amend the Regulation of the Superior Court of Québec in family matters
Since October 7, 2021, the parties in a family law case must attest to whether or not they are subject to:
• A civil protection order under section 509 of the Code of Civil Procedure or a request related to such an order;
• An order, application, agreement or decision related to youth protection;
• An order, indictment, undertaking or recognizance related to a criminal matter.
Parties who fall into any of the above situations must file a notice with the court office and, if applicable, attach documentary evidence. The same applies if the situation changes in the course of proceedings.