All you need to know about divorce in Canada
Divorce in the Quebec region, with or without the help of a lawyer, is an often tedious procedure but can be relatively simple when you know the law in Quebec. This article explains everything you need to know about divorce proceedings.
What is a divorce?
Divorce is the process of ending a marriage or conjugal union. Divorce usually involves the cancellation of a marriage contract between a man and a woman, dissolving the marital relationship and the legal responsibilities that come with it.
Divorce can result in issues such as:
- Child custody
- Alimony and child support
- Family residence
- Family patrimony
What are the procedures of a divorce?
Mediation
The mediation procedure was introduced by the law of June 13, 1997 in the National Assembly of Quebec. Mediation procedures are preferred in Quebec in order to avoid a trial. The question of reconciliation is an issue that arises when a divorce proceeding is initiated.
A professional counsellor or member of the bar may be called upon to intervene in a divorce as a mediator. This procedure can be assisted by the state.
Note that a government program has been stipulated to allow couples to pay the fees.
An information meeting can be organized by the government to give all the elements during a divorce and accompany the couple during this painful stage.
There is also a free information session on co-parenting for parents in a situation of rupture to give all the elements concerning a divorce procedure. Note that each party may be required to attend a mandatory session after the breakup if they disagree on issues related to the separation.
According to the government website “As of January 1, 2016, you are legally required to attend a post-breakup parenting session if you and your ex-spouse are still at odds on issues affecting your separation at the time of being heard by the judge.”
The briefing stipulates several points:
- The impact of the parents’ breakup on the family: psychological shock caused by the separation, children’s needs and reactions, communication with the other parent, etc. (90 minutes)
- The family mediation process and the legal aspects (30 minutes).
- Mutual consent between the parties
In most cases, there is a mutual consent procedure. Each party decides to agree on the formalities and agrees on all the problems and issues of a divorce.
They can represent themselves or ask for the help of a family law lawyer.
An amicable divorce can take effect in several forms:
- Amicable divorce without children
- Amicable divorce of a spouse without children
- Amicable divorce of a spouse with children
- Amicable divorce without children and pension for the spouse
- Amicable divorce with children and pension for the spouse
When the two parties disagree, the legislator has set a deadline of 365 days for the preparation of a file containing all the documents necessary for the representation of a divorce. At the end of this period, a hearing date is set by the court in order to confront the two parties and give a judgment.
Custody of children
When a divorce in Canada is granted, child custody is an issue that is often problematic. It can take two forms:
Sole custody
Sole custody involves giving the legal responsibility to care for the child and make all decisions about the child. The children live with this parent most of the time.
Shared custody
Both parents share the rights and responsibilities of their children. This means:
The children may live with both parents or only one parent,
Both parents make a decision about the children.
This sharing is not necessarily in the form of a 50/50 split but may be 40/60 depending on the case.
In the event that the parents disagree, the child will decide and make the decision between one of the two parties.
What are the criteria for child custody?
Here are the criteria for a child custody:
- Age of the child,
- The child’s needs,
- Ability of each parent to meet those needs,
- Relationship between the child and each parent,
- Relationship between the child and the family members,
- Stability of the child,
- Physical and mental health,
It should be noted that both parents retain their parental authority over the child regardless of the court decision.
What about child support?
It is to be noted that the parental authority, and those whatever the procedure, keeps the right of authority as father and mother concerning the child of which they have in their charge.
Element in consideration in the framework of a maintenance :
- The expenses and income of each party
- The type of custody
- Child support
The child who receives support may be exempted when the child enters the workforce and is able to support himself or herself.
Spousal support
Spousal support is based on the income of each spouse, their current position and their respective jobs.
The objectives of spousal support are: fair distribution of shares, protection of the child, financial independence of each party.
What documents are required for a divorce?
The documents for a divorce proceeding are usually :
- Birth certificate
- Marriage certificate
- Identity document
What is the cost for a divorce?
10.00 for a registration at the Registry of Divorce Proceedings of the Department of Justice.
Originating applications (joint applications):
- Application for legal separation $104
- Application for divorce $104
- Application for Dissolution of Civil Union $104
Applications to initiate proceedings:
- Application for legal separation $313
- Application for divorce $313
- Application for dissolution of civil union $313
Other applications :
- Application relating to child custody or support obligations $156
- Application to review a judgment relating to child custody or support obligations $156
- Application for review of ancillary relief ordered by a judgment of legal separation,
- Divorce, dissolution of civil union or nullity of marriage or civil union 156
For an amicable divorce
An amicable divorce can cost between $1500 and $2000.
Note that the fee for an application to institute proceedings is $302, plus the joint application fee of $101 and the federal fee of $10 from the Registry of Divorce Proceedings.
For a non-consensual divorce
The average cost of a divorce with non-consent of the parties can be estimated between $8,000 and $15,000.
The length and complexity of the proceedings can be time consuming and therefore require costs due to the time spent to resolve the proceedings.
Quick divorce packages
Some lawyers offer online packages for remote management of the procedure. Depending on your family situation and the options you choose, you would have to pay between $500 and $1,800.
In the case of a couple without children, this may be relevant because the procedure is inexpensive and quick.
Please note that the parties are not obliged to hire a lawyer. Nevertheless, the treatment of a file of this type requires legal skills in order to validate the procedure and to allow the resolution of the dispute.
Divorce is often a difficult time on a personal level. Dissolving a marital bond that you have decided to create is emotionally difficult.
Nevertheless, it is necessary to keep a cool head and to de-passionize the subject when it comes to choosing the right lawyer to handle a divorce application.
The procedure of divorce is also and especially legally framed. Finding a divorce lawyer is not an easy task, below you will find a few leads to guide you in finding the right lawyer.
What to keep in mind:
- How well this stage of your life goes is going to depend primarily on the lawyer who is going to represent your interests. Finding the right family law and divorce lawyer is therefore going to be one of the determining elements of the success of your action.
- The right lawyer to assist you in this type of situation will be an expert or specialized lawyer in family law and who practices divorce law.
- In order to move forward and assert your rights, it is therefore strongly advised that you find a divorce lawyer.
- The divorce lawyer who can optimize your chances of success is the lawyer who will listen to you, analyze your situation and determine the stakes.
- Finding a divorce lawyer is not just an option. You must remember that it is an obligation. The competent court in matters of divorce is the Tribunal de Grande Instance. The representation by a lawyer before the Tribunal de Grande Instance is a mandatory prerequisite. If you are going to use the services of a lawyer, you might as well find the right lawyer!
- Keep in mind that the purpose of the divorce procedure is not only to allow you to get out of a toxic family situation and find freedom.
Divorce proceedings are also intended to allow the spouses to settle the factual consequences of the divorce in a fair manner.
In other words, this procedure will allow for a legal adjustment of the overall family situation of the spouses, particularly with regard to the division of the joint property of both spouses.
If you have children, the divorce procedure and the lawyer you have chosen to be your counsel will allow you to determine the conditions of custody of your children.
Whether custody is sole or shared, you may be required to pay child support (or even alimony to your former spouse).
Finding the right divorce lawyer will allow you to determine the amount you will actually have to pay or receive.
This stage of your life will involve emotional, property and financial issues.
To ensure the greatest fairness and serenity of this operation, the assistance of an experienced divorce lawyer will be crucial.
Finding the right lawyer will allow you to maximize your interests but also and especially to put aside your personal resentments to help you apprehend this situation in the most peaceful way possible.
