How to apply for a divorce in Quebec? An issue of the applicable law
- The Divorce Act:
To understand if it is possible to make your divorce recognized in Quebec, it is important to look into the Divorce Act as well as the Civil Code of Quebec.
First of all, s. 3 of the Divorce Act grants jurisdiction in the case of divorce to the Court of the province where one of the spouses habitually resides for at least one year before applying for divorce.
International divorce recognition is specifically addressed in the s. 22(1) of the Divorce Act. Recognition of a foreign judgment of divorce takes place on the condition that one of the spouses lived in the country granting the divorce for at least one year immediately preceding the divorce application.
- Civil Code of Quebec:
In addition, it is important to take into account several articles of the Civil Code. First, article 3137 of the Civil Code clarifies the circumstances where a foreign judgment shall be recognized in Quebec. Also, article 3155 CCQ explains the requirements for a decision rendered outside Quebec to be recognized and declared enforceable by the Quebec authorities.
- Applicable case law:
Besides the Divorce Act and the Civil Code, the developed case law gives indications about the criteria to take into consideration. Both the Supreme Court of Canada (http://canlii.ca/t/hxn82) and the Court of Appeal (http://canlii.ca/t/h6dht) have put in place the guidelines.
How Allen Madelin Lawyers can help you with your divorce in Quebec:
- Experienced lawyers in international family law:
Our lawyers are experienced in the international family law. It so happens that we deal rather often with international divorce and separation situations as well as questions of children’s rights in the international context. We are aware of the problems of a competent legal forum and applicable law.
- Make an appointment for the initial consultation:
We offer the first consultation with a lawyer of ours at $125. During this consultation the lawyer will explain to you how to proceed to make your divorce recognized in Quebec. He will analyze particularly the different applicable criteria to establish if it is possible to recognize your divorce in Quebec.
This first consultation can take place in person in our office at 4621 Boulevard Saint Laurent in Montreal, Quebec — or by phone or via videoconference, which is particularly convenient if you are living in another Canadian province or abroad. Do not hesitate to contact us for the details at 514 904 4017 or by email: [email protected]
