Reisa Khalifa: New procedure for joint divorces and separations
Photo: BernardaSv

A provision of the new Code of Civil Procedure takes effect on February 21, 2017 and it will affect those seeking a divorce, separation or the dissolution of a civil union by agreement.

As of February 21 of this year, couples who have reached a consent in any of these matters and wish to file joint proceedings will be governed by the rules of procedure for non-contentious proceedings.

In the past, applications for joint divorces and separations were filed at court and the parties would wait approximately three months for a judge to render a decision that would grant the divorce or separation.

Dissolution of a civil union by agreement used to be a procedure that could be done at a notary’s office and was only heard at court if the couple was not in agreement on the terms of the dissolution.

The couple that wishes to end their civil union by agreement could now choose to go before a notary or through the non-contentious proceedings at court.

With the new procedure, applications would be presented at court on a specified date, of at least 10 days’ notice, but not more than two months later.

This could mean that it will take less time for a divorce or separation by consent to be granted, although it is at each judge’s discretion as to whether or not they will render a judgment immediately at the hearing or take the case under advisement and render judgment at a later date.

Reisa Khalifa is a family law attorney in the Montreal area and can be reached at 514-223-8854. This article is for the purpose of providing you with general information and is not to be construed as legal advice. If you have a particular situation for which you require a legal opinion, you may wish to consult an attorney.

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