Divorce

Your wedding did not go as planned, then make your divorce work!

 

  • A divorce is very similar to a separation, with the difference that there is a pre-requisite and an additional consequence:

The additional consequence is the dissolution of the conjugal bond.

  • So, if a married couple goes through a separation, they are still legally married and it will have certain consequences, as for example:
  1.     Neither one of the parties can remarry.
  2.     If one or the other dies and does not have a last will and testament, part of his or her belongings will go to the other party, even if it has been 20 years since you last saw him or her.
  • However, contrary to a separation, it is not everybody that can obtain a divorce. The Divorce Act stipulates that, in order to have the right to divorce a person, one the 3 following conditions must be met:
  1.       The proof of adultery.
  2.       The proof that there were no physical or mental cruelty.
  3.       The proof that a year has elapsed since the separation.

The goal is to prevent the  trivialisation of the marriage institution. If there has not been any violence and no adultery, the parties can separate immediately and take to think calmly if the couple has the desire to resume their life together. If this is not the case, then the parties may request a divorce.

  • In order to settle this type of dispute, it would be more effective and less costly to get in touch with a lawyer in order to find a way to negotiate with the other party, if at all possible.

Our success rate in this type of case is more that 90%.

This means that we are able to obtain what the client needs without ever going to court. This way, there is less delay, less stress, and less lawyer fees.