Family law: Divorce by mutual consent, what are the steps?

If both spouses wish to divorce, they can start divorce proceedings with mutual consent. Lawrence gives you the steps to complete. 

Divorce by mutual consent is a simple, quick and inexpensive procedure to end a marriage. It avoids long, complex and sometimes painful trials. 

This method allows you to start the divorce at any time and does not require the statement of reasons. 

The divorce must be pronounced by a judge. 

Step 1: Agreement on collateral effects

The agreement relating to ancillary effects must be drawn up by the couple wishing to divorce prior to the filing of the petition. 

The points to be determined in this agreement are :

• The liquidation of the matrimonial regime and the distribution of the resulting property;
• The allocation of the family home;
• The division of the 2nd pillar;
• The maintenance amount between ex-spouses;
• The maintenance of children;
• Parental authority, custody and access rights. 

We strongly recommend that a lawyer be consulted in order to draft the agreement in the fairest and most just manner for the spouses. He or she will be able to advise you and relieve you of the burden of this difficult procedure. 

If a full agreement has been drawn up, divorce by mutual petition will be “with full agreement”. If not, it will be with “partial agreement”. 

Step 2: Filing the Petition with the Court

The couple will have to make a written application to the court, explaining that they wish to divorce by mutual consent.

If the collateral agreement is complete, the judge will simply have to validate it and make sure it is fair and respects the good of the spouses and children. 

If the agreement is partial, the judge will decide what action to take with respect to the collateral effects. In this case, a lawyer could represent the spouses to ensure that the distribution is as beneficial as possible. 

Depending on the situation, various documents will be required, such as : 

• The marriage certificate;
• The spouses’ salary slips;
• Statements of fortunes;
• A certificate from the provident fund;
• Etc. 

Once the application has been filed, the judge will convene the couple to a hearing within 2 to 3 weeks. 

The divorce judgment will be received 3 to 6 weeks after the hearing. This document pronounces the divorce, ratifies the agreement or distributes the ancillary effects. 

The divorce will be legally official 30 days after receipt of the judgment.

Thus, the divorce procedure can take up to 5 months from the filing of the petition.

Divorce by mutual consent is a method that Lawrence strongly recommends. It is always best to reach an agreement before starting the legal proceedings. A long, expensive and hard trial will be avoided. Call on a lawyer from the very beginning of the procedure, so that he or she can guide, advise and represent you!

Lawrence answers all your questions and assists you in your legal steps!