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Home > Families and Couples > Separation > Is it to my benefit to have a notary act on my behalf to present to the court a joint application for divorce or separation?

Is it to my benefit to have a notary act on my behalf to present to the court a joint application for divorce or separation?

Former married, civil union or common law spouses who agree on all aspects of the separation (separation from bed and board, divorce or dissolution of the civil union or separation of parents who are common law spouses), can present their agreement (or “separation agreement”) to the court in order to obtain a judgment that approves and gives legal value to this agreement.

As of February 21, 2017, notaries are authorized by law to act on your behalf before the court in this respect. This representation prevents you from having to go to the courthouse. This possibility likely accelerates the homologation of the agreement, especially when the notary has drafted its terms. A clearly written agreement that is prepared in accordance with the law will no doubt facilitate its approval by the court. However, note that the notary shall withdraw from the case in the event of a dispute between the parties.

Presenting a joint application for divorce in the form of a separation agreement or a request to establish child support or custody to the court may seem simple. In this sense, some people may be tempted to save on the fees of a legal advisor. But be warned: Each spouse must have the capacity to carefully evaluate all consequences, both personal and financial, of the separation agreement they are signing.

If you are not aware of your rights and obligations, you should go to a notary working in the field of family law.

The notary can:

  • Clearly explain all aspects of divorce, particularly compensatory allowance, partition the family patrimony and the calculation of child support.
  • Help you find solutions that durable, just and fair for all family members.
  • Inform and advise you on your rights and obligations in an effort to help you make enlightened decisions.
  • Analyze and synthesize all information and focus his/her recommendations toward conciliation and agreement between both parties.
  • Prepare the application and pleadings in compliance with the law.
  • Prepare the application in a way that accurately translates your decisions.
  • Clearly draft the pleadings to be submitted with the application.
  • Help you save time through his/her knowledge of the practices in use at the courthouse where the application is to be submitted.
  • Present the necessary observations before the court to ensure confirmation of the separation agreement.