Divorce avec consentement mutuel – Law-Rence

If both spouses wish to divorce voluntarily, they may file for divorce with the consent of both parties. Lawrence provides you with the steps to complete.

Divorce by joint petition is a simple, quick and inexpensive procedure to end a marriage. It avoids long, complicated, and sometimes painful experiments.

This method can initiate a divorce at any time and does not require the filing of grounds.

Divorce must be declared by a judge.

Step 1: Agree on collateral impacts

Agreements relating to collateral effects must be drafted by the couple wishing to divorce before filing.

The key points to be determined in this agreement are:

• Liquidation of the institution of marriage and distribution of property resulting therefrom;
• allocation of family housing;
• Division of LPP;
• The amount of alimony between former spouses;
• child support payments to the couple concerned;
• Parental authority, custody and visitation rights.

We strongly recommend hiring an attorney to draft the agreement in the most fair and equitable manner for the spouses. He will advise you and ease the burden of this difficult surgery.

If the two parties are completely consistent, the parties’ requests for divorce will be “completely consistent.” If this is not the case, “partial consent” is implied.

Step 2: Make a request to the court

The couple must submit a written request to the court explaining that they wish to divorce by mutual consent.

If the agreement regarding collateral effects is complete, the judge only has to verify it and make sure it is fair and respects the interests of the spouses and children.

If the agreement is a partial agreement, the judge will decide on the measures related to collateral effects. In this case, an attorney can represent the spouses to ensure the most favorable distribution possible.

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

• marriage certificate;
• Spouse’s pay stub;
• Property Statement;
• Provident fund certificate;
• ETC.

Once the motion is filed, the judge will summon the couple for a hearing within 2 to 3 weeks.

The divorce decree will be received within 3 to 6 weeks after the hearing. This document announces the consequences of a divorce, ratification of an agreement or distribution.

The divorce will become official 30 days after the judgment is received.

Therefore, divorce proceedings can last up to 5 months after the petition is filed.

Divorce by mutual consent is a method Lawrence highly recommends. It is always better to reach an agreement before starting legal proceedings. A long, expensive and grueling trial will be avoided. Call an attorney from the beginning of the process so he or she can guide, advise, and represent you!

Lawrence answers all your questions and assists you with the legal process!