Application for Divorce Form - Quebec - Edit, Fill, Sign Online

FORM I

(Rules 21, 23)

APPLICATION FOR DIVORCE

(Art. 813.3 C.C.P.)

CANADA SUPERIOR COURT

PROVINCE OF QUEBEC Family division

DISTRICT OF (Divorces)

No.:

_________________________

APPLICANT(S)

and, if appropriate,

DEFENDANT

_________________________

APPLICATION FOR DIVORCE

It is declared that:

Matrimonial and family status

1. The wife was born on (date)__________________________ at (place)

___________________ and is (age) _________ years old. She is the daughter

of (father's name) ________________________and (mother's name) ______

________________, as appears from her birth certificate numbered Exhibit P-1;

2. The husband was born on (date)______________________ at (place)

_______________ and is (age) __________ years old. He is the son of (father's

name) _____________________________ and (mother's name) ________

________________, as appears from her birth certificate numbered Exhibit P-2;

3. The marriage of the parties was solemnized on ______________(date)

at ______________________ (place) as appears from the marriage certificate

numbered Exhibit P-3;

4. At the time of the marriage the wife was ____________________; the

husband was ____________________; (Give the matrimonial status of each

party.)

5. The matrimonial regime they adopted was ___________________;

(number P-4 an authentic copy of the relevant document.)

There has been no change of this regime.

(If changes of the matrimonial regime have occurred, specify them and file an

authentic copy of the pertinent documents).

6. The name, age, sex and date of birth of each child of the marriage is:

Family name Given name Age Sex Date of birth

Birth certificates of each child dealt with in the proceeding are numbered Exhibit

P-5 (optional).

None of the children is the object of a decision of a Court, nor a pending case

before a court nor of any agreement with a director of youth protection. (If such a

decision, pending case or an agreement exists, give particulars and relevant file

supporting documents.)

Residence

7. The wife ordinarily resides at:

_____________________________________________________________

(no.) (street) (city) (province)

since ________________________________________________________;

(day) (month) (year)

The husband ordinarily resides at:

_____________________________________________________________

(no.) (street) (city) (province)

since ________________________________________________________;

(day) (month) (year)

Reasons

8. There has been a breakdown of the marriage for the following reasons:

(Give here particulars of the grounds for divorce, as provided in Section 8(2) of

the Act.)

Reconciliation and mediation

9. Before the signing of the present application:

A. The attorney for the Applicant has discussed the possibility of

reconciliation and informed the applicant as to the existing counselling

or guidance facilities. (If not, give reasons).

B. The attorney as informed the Applicant as to existing mediation facilities

which may assist in negotiating matters that may be the subject of a

support or custody order and has discussed the advisability of

negotiating same.

Safeguard and provisional measures (if the application contains

conclusions to that effect), corollary measures and other claims

10 A. There is an agreement between the parties as to corollary relief, a

copy of which is numbered Exhibit P-6,

or

B. There is no agreement between the parties as all safeguard and

provisional measures and corollary relief, and

i) The grounds in support of the conclusions for provisional relief are

(enumerate the facts) :

________________________________________________________

ii) The grounds in support of corollary relief are (enumerate the facts):

________________________________________________________

Other proceedings

11. There have been no other proceedings with respect to the marriage;

(otherwise, give all details and file a certified copy of all previous judgments).

12. There has been no collusion between the parties.

13. (Where the application is based on Section 8(2)b)). There has been

no condonation or connivance at the act or conduct complained of.

WHEREFORE, may it please this Court to:

ISSUE the following safeguard orders (if applicable):

________________________________________________________________

ISSUE the following provisional orders (if applicable):

________________________________________________________________

_______________________________________________________________

PRONOUNCE the divorce of the parties;

ISSUE the following orders of corollary relief (if applicable):

________________________________________________________________

and GRANT the following additional conclusions (if applicable)

or

RATIFY the agreement between the parties and ORDER the parties to

conform therewith ______________________________ costs.

Signed at ______________________, on __________________.200 .

______________________

APPLICANT(S)

_________

* The affidavit of the Form I has been struck, according to the prescriptions

of the French version of section 4 f). Inadvertently, the English text asks only for

the deletion of the word "affidavit".

ATTORNEY'S DECLARATION

I, the undersigned, attorney for the applicant(s) hereby certify that I have

complied with the requirements of section 9 of the Divorce Act of 1985.

Signed at _______________, on ____________________ 20..

___________________________________

Attorney(s) for the APPLICANT(S)

________________

(Where appropriate)

NOTICE TO DEFENDANT AS TO CONTESTATION

Take notice that the plaintiff has filed this application in the office of the

Superior Court of the judicial district of _________________.

To file an answer to this application, you must file an appearance,

personally or by advocate, at the courthouse of _______________________

located at _____________________ within 20 days of service of this motion or, if

service is affected outside Quebec, within 40 days of service.

If your fail to file an appearance within the time limit indicated, a judgment

by default may be rendered against you without further notice upon the expiry of

the 20-day period of the 40-day period.

___________

* As required, we have reprinted the text of the Ministerial Order published

on page 6492 of the Gazette Officielle 2002 and we have added a paragraph at

the end.

If you file an appearance, the application will be presented before the court

on ___________ , at ___________ in room ___________ of the courthouse. On

that date, the court may exercise such powers as are necessary to ensure the

orderly progress of the proceeding or the court may exercise such powers as are

necessary to ensure the orderly progress of the proceeding or the court may hear

the case, unless you make a written agreement with the plaintiff or the plaintiff's

advocate on a timetable for the orderly progress of the proceeding. The timetable

must be file in the office of the court.

In support of the motion to institute proceedings, the applicant discloses

the following exhibits:

These exhibits are available on request.

If necessary, add a notice of presentation of applications for safeguard

orders or provisional measures.

________________

CERTIFICATE OF CLERK

I, the undersigned clerk of the Divorce Division of the Superior Court for

the District of _________________, certify that there has been received and filed

in the said divorce division a divorce application, affidavit(s) of the Applicant(s), a

certificate of the Attorney and (if appropriate) a notice to the Respondent as to

contestation.

(place and date)

_________________________________

CLERK

Fillable Printable Application for Divorce Form - Quebec

Fillable Printable Application for Divorce Form - Quebec

Application for Divorce Form - Quebec