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C-25.01, r. 6 - Rules of practice of the Superior Court of Québec in family matters
Schedule
Disposition versions
FORM I
(Rules 21, 23)
APPLICATION FOR DIVORCE (art. 813 C.c.p.)
CANADA SUPERIOR COURT
PROVINCE DE QUÉBEC Family Division
DISTRICT OF (Divorces)
NO.
APPLICANT(S)
and, if appropriate,
DEPENDANT
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 his 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 ______________________________; (file as Exhibit 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
_____________________________________________________________________________
1. | | | | | |
|___________________|__________________|_______|________|_____________________|
2. | | | | | |
|___________________|__________________|_______|________|_____________________|
3. | | | | | |
|___________________|__________________|_______|________|_____________________|
4. | | | | | |
|___________________|__________________|_______|________|_____________________|
5. | | | | | |
|___________________|__________________|_______|________|_____________________|
Birth certificates of each child dealt with in the proceeding are 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 or an agreement exists, give particulars and file relevant 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 Divorce Act of 1985)
Reconciliation and mediation
9. Before the signature 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 has 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 to 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 ______________________________ 20__________
________________________________________
________________________________________
APPLICANT(S)
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
NOTICE TO DEFENDANT IN FAMILY MATTERS
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 effected outside Québec, within 40 days of service.
If you 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 or the 40-day period.
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 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 filed 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, a certificate of the Attorney and (if appropriate) a notice to the Respondent as to contestation.
(place and date)
________________________________________
CLERK
