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How to File For Divorce in Canada without a Lawyer?

Dec 26, 2020


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When it comes to processing a divorce, many people wonder if they can do it without a lawyer. It is an issue that will depend mainly on several factors to consider. If it is a divorce by mutual agreement or contentious or children in common, it will determine the need.


It is always recommended that at least one experienced divorce lawyer in Canada plan for both parties' divorce. So no unresolved issues remain.


Let's see how to file for divorce in Canada without a lawyer.



How to File for Divorce in Canada without a Lawyer: Possible or not?


If you want to get divorced quickly, you may proceed without a lawyer. It is, in fact, possible. In this case, before a divorce, it is unnecessary to explain the reason for the divorce because both parties will agree to carry it out.


In order to carry out a mutual divorce, you will mainly need to meet several requirements:




  • First of all, you and your spouse were married according to Canadian law.

  • The rules of Canadian legislation will always be followed.

  • That there is a divorce by mutual agreement. This is an essential point. If there is no agreement between the parties, the trial and the process will be lengthened with trials.


A regulatory agreement will also be established in a divorce by the mutual agreement whether or not there are children. You and your partner will mutually attribute the home and all kinds of charges.


In the event that a lawyer is not present, a notary is necessary to formalize all the divorce papers.


Those papers should include:




  • The identity of the spouses and children, whether they are adults or minors.

  • The marriage certificate and its registration in the civil registry

  • A certificate proving the domicile of the spouses


The notary will authorize that all the documents are in order and are correct, ending the marriage. The divorce will take the time it takes to formalize the regulatory agreement depending on whether both parties agree or not.



What Happens In Case Of Children In Common?


If you have children in common, a judge must issue the sentence for both spouses to sign the final papers. In the event that you do not have children, it will be a much faster process. You will only need the help of a notary or lawyer to process the divorce.


Reminder:


In any case, we always recommend that a lawyer or notary be present in the divorce process. A lawyer will handle all the legal matters that remain in the air. If it's a decided situation that you both agree on, the divorce will be much easier.



Divorce: The Importance of Contacting A Lawyer


Common divorce without a lawyer requires a high degree of collaboration and participation between the spouses. Therefore, if the end of the marriage is anything but peaceful, it will always be necessary to contact a legal professional.  He will follow the cause and will serve the client's interests.


Divorce or common separation is to be preferred only if husband and wife are on good terms. They must mutually choose the conditions to put an end to the couple's experience.


Often, in fact, between spouses, there are a weak and a strong party. The interests of one may prevail over those of the other. It is a risk that the presence of a lawyer can be diminished.


If the couple is determined to proceed before the notary, they can still ask for the assistance of a lawyer. The lawyer will take care to ensure that the agreed agreements are fair and legitimate.


As an alternative to a divorce, you can also opt for assisted negotiation where the lawyers are present. But it will be without the high costs of a real process.



Conclusion


Are you still wondering how to file for divorce in Canada without a lawyer? You can get a divorce even without a lawyer and, therefore, almost free of charge. But, both of you will have to agree to initiate a divorce; that also with each other's consent. If you are thinking of starting a divorce process, we advise you to always do it together with a professional lawyer.