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 13 June 2019, the parties in a family law case must attest to whether or not they are subject to conditions regarding another party or their child under an order, undertaking or recognizance provided for in the Criminal Code. Any party subject to such conditions must provide the particulars in a notice filed with the court office and provide evidence of those conditions; the same applies if the conditions are replaced, varied or lifted in the course of proceedings.
The new rules stem from the Government Action Plan on Domestic Violence, in which the MJQ made an undertaking to study the possibility of amending the Regulation of the Superior Court of Québec in family matters.