In the absence of a dispute, the spouses settle the consequences of their separation in an agreement that will be presented to the court in a divorce application based on a proposed agreement. A complete agreement will be drafted, including: child custody, child support, division of property, spousal support, compensatory provision.

An amicable divorce is possible if:

• The spouses agree on all the consequences of their separation, namely:
• child custody
• child support
• division of property under the family patrimony, matrimonial regime, and co-ownership
• spousal support
• compensatory provision
• They have been separated for over a year

Adultery and mental cruelty cannot be invoked.

The spouses may appoint a single legal advisor, which will result in lower professional fees.

If necessary, the spouses will need to consult different professionals to assess the tax implications arising from their separation.

If the spouses are subject to the family patrimony, the value of the assets included in the family patrimony will need to be determined, taking into account deductible debts and tax debts, in order to establish the claim that will be due to one of the spouses.

In addition, if the spouses are married under the regime of an "acquest partnership," they will have the option to request or not the division of the value of the acquests. Consequently, the value of the assets acquired after their marriage will need to be determined, taking into account, if applicable, the rule of rewards established by the Civil Code of Quebec.

Once the agreement is completed and accepted and signed by the spouses, it must be filed with the court in a divorce application for it to be endorsed by a judge and for the divorce to be pronounced.

It will be important to review your testament (will) and mandat de protection (protective mandate) and to consider revoking banking or general powers of attorney, as well as revoking beneficiaries of life insurance, medical, and dental insurance.

We invite you to consult a member of the Notaire-Direct^® team for the drafting of a clear agreement that respects the terms of the law.

Required documents

To prepare such a file, you will need to have the following documents in your possession:

• a copy of both of your respective birth certificates issued by the Director of Civil Status;
• the original of your marriage certificate;
• if applicable, a certified copy of your marriage contract received before a notary;
• if applicable, a certified copy of the waiver of the sharing of the family patrimony if you were married before July 1st, 1989;
• proof of income for each spouse (e.g., notice of assessment);
• any other document relating to your assets (e.g., RRSP, pension funds, properties, shares, mortgage, etc.).