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Separation and divorce

Joint divorce

Who can file a joint application for divorce?

A joint application for divorce, also called a “Joint Application for Divorce on a Draft Agreement” is intended for married couples who:

  • want to start divorce proceedings together,
  • agree on all the consequences of their divorce.

JuridiQC is launching a simple and free tool to guide you through your legal process!

JuridiQC’s tool helps spouses who don’t have children together prepare a joint divorce proceeding themselves. We can guide you through the entire process as you assemble the main documents, file them at the courthouse, and follow up on your file.

How does JuridiQC’s help tool work?

After creating an online account, you’ll need to complete a questionnaire. The answers you provide will be used to prepare the main documents required to ask the court for a divorce judgment. They are:

  • the spouses’ application for divorce, i.e., the legal document in which you ask the court to end your marriage,
  • the spouses’ draft agreement, i.e., the document detailing your agreements,
  • the spouses’ affidavits, i.e., your written statements.

Once the questionnaire has been completed, you’ll need to download and review these documents and modify them as needed.

Depending on your situation, you may have to submit other supporting documents and exhibits to the court. JuridiQC's help tool will prepare a personalized list of additional documents for you to include in your file, if required.

Once all your documents are ready, JuridiQC's help tool will provide you with useful information on how to submit your file at the courthouse and check its status.

Important

JuridiQC's help tool does not replace the role of a lawyer or notary. We do not give legal advice or opinions. To obtain a legal opinion or legal advice on your personal situation, you can consult a lawyer or a notary at any time.

It is also your responsibility to ensure that your documents are complete and compliant with the law. If in doubt, consult a lawyer or a notary.

 

What steps need to be taken before you begin?

Before starting your joint application for divorce using JuridiQC’s help tool, make sure:

  • You’re fully aware of your rights and obligations in the event of a divorce. We recommend that you talk to a lawyer or a notary, or that you go to a Community Justice Centre for help.
  • You and your ex agree on all aspects of your divorce, including:
    • the payment of spousal support and the terms of payment, if applicable,
    • the division of the property in the family patrimony,
    • the division of the property subject to the rules of your matrimonial regime,
    • any other financial arrangements between you.

Make sure you have finalized your agreements before you use our online tool. To help you identify all the points that require an agreement or to help you make a decision, you can use the services of a mediator, who will provide you with a summary of your agreements. In cases of divorce, the Ministère de la Justice provides free family mediation hours.

 

How much does a joint application for divorce cost?

JuridiQC's help tool is free. However, you’ll have to pay a fee of $125 to open your joint divorce file at the court. This amount includes registration in the Central Registry of Divorce Proceedings.

You’ll need to pay this fee in one installment when you file your documents.

 

Do you have a low income or are you on social assistance?

You might be eligible for legal aid and not have to pay this fee. A lawyer may also be able to complete the steps for a divorce for you, free of cost.

To find out if you’re eligible: Am I financially eligible? (Commission des services juridiques)