The divorce dissolves the marriage. The marriage can be dissolved only by a judgment of the Court. In the province of Quebec, the competent Court in divorce matters is the Superior Court and this notwithstanding of the fact that your marriage may be celebrated in another country. The divorce can be requested by both spouses (joint application for divorce) or by one of them.
What could be complicated in a divorce case is the settlement of the accessory measures of the divorce, also called “corollary relief”, in simple words all the questions that the spouses have to decide within their divorce. The most important and frequently present accessory measures in a divorce case are the following:
- The partition of the family assets;
- The custody and the access rights with the children;
- The child support;
- The spousal support;
- The compensatory payment;
- The lump sum;
The more accessory measures you have to settle within your divorce on which you do not agree with your spouse, the more the divorce proceedings can be complicated, long and costly.
As an example, you don’t have any children, you have not acquired any substantial assets during your marriage, you and your spouse both work and your respective revenues make you financially autonomous, then your divorce will be simple and less costly to obtain.
On the opposite, you have children and you disagree on the custody, on the access rights, on the child support, you have acquired assets during the marriage and you disagree on their partition, you do not have comparable incomes (or one of the spouses doesn't work at all), then your divorce will be more complicated, more lengthy and more costly.
The rules applicable to divorce proceedings and to the way the accessory measures of the divorce are decided by the Court, in the event of disagreement, are numerous and complex. Me Robert Brankin is an experienced lawyer who can act as your counselor or legal representative within your divorce proceedings, which could be joint divorce proceedings (filed by both spouses with a consent on the accessory measures of the divorce) or filed by one of the spouses.
On the question of the child support, you can obtain more information by visiting a dedicated Website of Me Brankin at www.child-support-montreal.com