Quebec Application for Divorce Sample

Application for Divorce
Model 1
1
CANADA
PROVINCE OF QUÉBEC District of Montréal
No.:
4
5
6
3
SUPERIOR COURT
Family Division
(Divorce)
Micheline Tremblay, technician
residing and domiciled
at 6161, rue Saint­Denis
Montréal (Québec) H2S 2R5
JOINT APPLICANT
AND
Roger Gagnon, salesman
residing and domiciled
at 255, rue Crémazie Est
Montréal (Québec) H2M 1L5
JOINT APPLICANT
APPLICATION FOR DIVORCE
It is declared that:
MATRIMONIAL AND FAMILY STATUS
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1. The wife was born on May 30, 1969 in Beloeil, and is 42 years old.
She is the daughter of Rollande Cyr and Philippe Tremblay, as appears
from the copy of the act of birth filed as exhibit P­1.
2. The husband was born on Mars 29, 1969 in Montréal, and is 42 years old.
He is the son of Yvette Poirier and Michel Gagnon, as appears from the copy
of the act of birth filed as exhibit P­2.
3. The marriage of the parties was solemnized on Septembre 16, 2000 in
Montréal, as appears from the copy of the act of marriage filed as exhibit P­3.
4. At the time of the marriage, the wife was single, the husband was single.
5. The matrimonial regime they adopted was that of separation as to property,
as appears from the marriage contract signed before Me Gilles Potiron,
notary, in Montréal, under number 306049, and filed as exhibit P­4. That
regime has not been changed.
6.
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The surname, given name, age, sex and date of birth of the child of the
marriage are:
Surname
Given name
Age
Sex
Date of birth
TREMBLAY­GAGNON
Mélanie
9
F
2002­05­14
13
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The copy of the act of birth of the child referred to in this Application is filed
as exhibit P­5 (optional). This child is not the object of a decision of a court or
of a pending case before a court or of any agreement with a Director of Youth
Protection. (If such a decision, pending case or agreement exists, provide all
details and relevant documents.)
RESIDENCE
7.
The wife has been ordinarily resident at 6161, rue Saint­Denis, Montréal
(Québec) since February 1, 2000.
The husband has been ordinarily resident at 255, rue Crémazie Est,
Montréal (Québec) since February 1, 2000.
REASON
8. There has been a breakdown of the marriage for the following reason:
The spouses lived separately and apart at least one year before the
determination of the divorce proceeding and were living separate
and apart at the commencement of the proceeding.
RECONCILIATION AND MEDIATION
9. Before the signature of this application:
a) The parties discussed the possibility of reconciliation, and obtained
information about counselling and guidance facilities.
b) The parties obtained information about the existing mediation facilities
that might assist in negotiating matters that may be the subject of a
support or custody order and discussed the advisability of negotiating
those matters.
COROLLARY RELIEF AND OTHER CLAIMS
10. There is an agreement between the parties as to corollary relief and all other
claims contained in the draft agreement, a copy of which is filed as exhibit P­6.
11. There is an agreement between the parties to exempt 1 the support debtor
in accordance with section 3 of the Act to facilitate the payment of support.
(There is an agreement between the parties to temporarily suspend2 the
obligation of the support debtor in accordance with section 3.1 of the
Act to facilitate the payment of support.)
OTHER PROCEEDINGS
12. A judgment granting a separation from bed and board was rendered
by the Superior Court for the District of Montréal on January 25, 2001,
Court File No. 500­04­001111­011, filed as exhibit P­7. (There have been
no other proceedings with regard to the marriage).
13. There has been no collusion between the parties.
1. Exemption from the obligation by the support debtor to make the payments to the Minister of Revenue for
the benefit of the support creditor.
2. Temporary suspension of the support debtor’s obligation to make the payments to the Minister of Revenue
for the benefit of the support creditor.
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WHEREFORE, may it please this Court to:
PRONOUNCE the divorce of the parties;
RATIFY the agreement between the parties and ORDER the parties
to conform therewith.
Without costs.
Signed at Montréal this 5th day of May, 2011.
(signature)
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(signature)
Applicants
CLERK’S CERTIFICATE
I, the undersigned Deputy Clerk for the District of Montréal, certify that the joint
application for divorce has been received and registered at the office of the Court.
Montréal, this day of 20 9
(signature)
Deputy Clerk
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