The Amicable Divorce: An Effective Procedure
by Me Alice Florian
Divorce is often associated with conflict and lengthy legal battles, but it doesn’t have to be that way. An amicable divorce offers a completely different path!
An amicable divorce is a much cheaper, simpler, and faster way to obtain a divorce in a cooperative atmosphere that is far less stressful for the entire family. It is because of these significant advantages, that our firm strongly encourages couples to consider this approach.
This article provides an overview of how an amicable divorce might be the right choice for you.
Necessity of a Mutual Agreement
If spouses can reach an agreement on all aspects of their divorce (such as child custody, child and spousal support, and the partition of assets and liabilities), they are in a position to have a written agreement prepared.
This mutual agreement can be reached directly between the spouses or with the assistance of a family mediator.
A family mediator is a neutral third party who helps the spouses discuss and resolve the various aspects of their divorce with the goal of reaching a fair and lasting mutual agreement. This process allows both spouses to have better control over the outcome of their divorce.
See our article on : Family Mediation
The Process of an Amicable Divorce
Once the spouses have reached a mutual agreement on all aspects of their divorce, it is essential to have a detailed written agreement prepared that adequately protects both parties and that will be submitted to the Court.
This step can sometimes be challenging to navigate without guidance. That is why, at our firm, we offer our expertise and a personalized, efficient, and seamless service to support our clients through each stage.
We generally begin with an initial meeting to fully understand the spouses’ situation and their respective needs. During this meeting, we discuss the main aspects of the divorce, such as child custody and the needs of the children, the assets accumulated during the marriage and partition of property as well as the financial capacity and needs of the parties. We also explain how the divorce will proceed logistically and we review the necessary documents (for example: birth certificates, marriage certificate, marriage contract if applicable, and certain financial documents). Our goal is to provide a clear overview of the process, answer any questions, and offer thoughtful, tailored support.
Next, we prepare the documents and proceedings required by the Court. A well-drafted divorce agreement is the cornerstone of an amicable divorce. It translates the parties’ mutual agreement into precise legal terms and clearly sets out each spouse’s rights and obligations so that the risk of future conflicts is reduced.
A personalized and detailed divorce agreement generally offers several protections for the spouses, whether concerning their children (important decision-making, custody arrangements, access rights, etc.), child support, spousal support, or the partition of their assets and liabilities. For example, the divorce agreement can protect the spouses when partitioning their assets, such as their residence, to ensure that costs are shared equitably and that debts are duly discharged.
Because of our expertise, the spouses can benefit from a divorce agreement that is structured, comprehensive and tailored to their specific circumstances. Once the agreement and other required documents are signed by both spouses, the file is submitted to the Court. In most cases, the spouses do not need to appear in person at Court.
The file is then reviewed by a judge who renders the divorce judgement. The time frame to obtain a divorce judgment is generally between three and six months.
We also offer remote services, including digital signatures, depending on the client’s needs and the nature of the file. This allows us to assist clients for an amicable divorce not only in the Greater Montreal area, but also beyond.
A human approach to your amicable divorce
An amicable divorce offers many advantages for the spouses: lower costs, shorter timelines, a cooperative atmosphere, and control over the outcome of their separation. Our firm has extensive expertise in amicable divorces and provides attentive, structured, and reliable support throughout the process.
We encourage you to contact us for more information about how an amicable divorce could work for you.
This article only summarily reviews the general concepts. It does not constitute a legal opinion nor does it replace the necessity to obtain a fact based legal opinion.