Court Filing Instruction Guide

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Thank you for purchasing our divorce application kit. The most difficult part of the
process is now behind you and now, all that is left is to print, sign and file at the
Courthouse.
Let’s do this now!

1 – Verify Your Information
Please read the content of the divorce application documents we have delivered to ensure
their accuracy based on your answers.

2 – Gather Your Supporting Document
Your divorce application must be submitted with your supporting documents. Look at the
list below and include the supporting documents that are applicable to you.
Number

Document

Additional details

Birth Certificate
(First Party)
Required document for all
divorce applications

Submit a copy of your birth certificate to
the Court.
Provide an official translation of your birth
certificate if it is not in English or French.

Birth Certificate
(Second Party)
Required document for all
divorce applications

Submit a copy of your birth certificate to
the Court.
Provide an official translation of your birth
certificate if it is not in English or French.

Birth Certificate
(Child/Children)
Applicable if you have a
child or children in this
divorce application

Submit a copy of your child or children’s
birth certificate(s) to the Court.
Provide an official translation if the
certificates are not in English or French.

Marriage certificate
Required document for all
divorce applications

•

You will need to provide the
original marriage certificate to the
Court. Provide an official translation
of your marriage certificate if it is
not in English or French.

How to get a duplicate marriage
certificate?
•

For marriages registered in the
Province of Quebec, you may
request a duplicate from the Civil
Status Registrar at the following
link: https://
services.etatcivil.gouv.qc.ca/
declic2/index.aspx?lang=en.

•

For marriages registered outside
of the Province of Quebec, you will
need to contact the civil status
registrar in the State, Province or
Country where you were married.

Marriage Contract
Applicable if you have
signed a marriage
contract for this marriage

•

You will need to provide the
original marriage contract to the
Court. Provide an official translation
of your marriage contract if it is not
in English or French.

Prior Court Judgments
Applicable if you have
referred to a prior
judgment in your divorce
application

•

You must provide a certified copy
of any prior judgments you have
referred to in your divorce
application.

•

Examples: Separation as to bed
and board judgment, child custody
and child support judgment.

•

If you do not have a certified copy
of your prior judgment, you may
order a duplicate from the
Courthouse that had rendered the
judgment originally.

•

Employees: Provide a copy of your
last three pay stubs.

•

Self-employed: Provide a copy of
your financial statements showing
your gross income less expenses
(net income) for the last year.

Income Documents
(First Party)
Required document for all
divorce applications

Income Documents
(Second Party)
Required document for all
divorce applications

Income Tax Declarations
(First Party)
Required document for all
divorce applications

•

Unemployed: Provide a copy of
your last three unemployment
benefit payment stubs, if you get
any.

•

Rental Income: Provide a copy of
your statement of income and
expenses for all your properties
(net rental income).

•

Other Income: If you earn any
other sources of income, please
provide the copy of a document to
show the nature of income you are
earning and amount.

•

Employees: Provide a copy of your
last three pay stubs.

•

Self-employed: Provide a copy of
your financial statements showing
your gross income less expenses
(net income) for the last year.

•

Unemployed: Provide a copy of
your last three unemployment
benefit payment stubs, if you get
any.

•

Rental Income: Provide a copy of
your statement of income and
expenses for all your properties
(net rental income).

•

Other Income: If you earn any
other sources of income, please
provide the copy of a document to
show the nature of income you are
earning and amount.

•

Provincial: Provide a copy of your
latest Provincial income tax
declaration you filed with Revenu
Quebec.

•

Federal: Provide a copy of your
latest Federal income tax
declaration you filed with the
Canada Revenue Agency.

Income Tax Declarations
(Second Party)
Required document for all
divorce applications

Notices of Assessments
(First Party)
Required document for all
divorce applications

•

Provincial: Provide a copy of your
latest Provincial income tax
declaration you filed with Revenu
Quebec.

•

Federal: Provide a copy of your
latest Federal income tax
declaration you filed with the
Canada Revenue Agency.

•

Provincial: Provide a copy of your
latest notice of assessment you
received from Revenu Quebec.

•

Federal: Provide a copy of your
latest notice of assessment you
received from the Canada Revenue
Agency.

How to get a duplicate marriage
certificate?
•

If you do not have your latest
Notice of Assessments, you can
contact either Revenu Quebec or
the Canada Revenue Agency at the
following links:
https://www.revenuquebec.ca/en/
online-services/online-services/
view-notices-of-assessment-andconfirmations-of-acceleratedrefunds/
https://www.canada.ca/en/
revenue-agency/services/tax/
individuals/topics/about-your-taxreturn/a-copy-your-noticeassessment-reassessment.html

Notices of Assessments
(Second Party)
Required document for all
divorce applications

•

Provincial: Provide a copy of your
latest notice of assessment you
received from Revenu Quebec.

•

Federal: Provide a copy of your
latest notice of assessment you
received from the Canada Revenue
Agency.

How to get a duplicate marriage
certificate?

•

3 – Print And Prepare Your Documents
Print four (4) copies of all the documents we submitted to you on letter size paper (8.5
inches by 11 inches) on one side of the page.
Do not print on both sides of the page or on page size different than 8.5 X 11 inches as the
Court will refuse your documents.
Label all your supporting documents based on the numbering found in your List of
Exhibits. For example, label First Party’s birth certificate as “P-1”, label Second Party’s
birth certificate as “P-2” etc. Make sure that all your supporting documents are labelled in
accordance with the List of Exhibits. You don’t need to label each page of your supporting
documents but only the first page of each category.
Make sure that your divorce application and supporting documents are adequately clipped
together or stapled. Your documents should not be filed loosely.

4 – Sign Your Documents At the Courthouse
Bring your divorce documents to the Court with your spouse so you both sign there. Some
of your documents must be signed and witnessed by a Commissioner for oaths.
At the Courthouse, a Commissioner for oaths can witness and sign the required documents for
you free of charge.
The following table guides you as to what document must be signed and by whom:
© 2018 LZQC Inc - All Rights Reserved.
1010 de la Gauchetiere West, Suite 1315 | Montreal (Quebec) H3B 2N2

Number

Document

Who Must Sign?

Joint Divorce Application
(Art. 8 D.A.)

•

First Party

•

Second Party

•

Court Clerk
First Party and Second Party to sign
the signature pages on top their name.
The Court clerk must sign the
“Certificate of the Clerk”.

Agreement as to
Accessory Measures and
Consent to Judgment

•

First Party

•

Second Party

First Party’s Sworn
Declaration For
Judgment

•

First Party

•

Commissioner for Oaths

Second Party’s Sworn
Declaration For
Judgment

•

Second Party

•

Commissioner for Oaths

First Party’s Statement
Required Under Article
444

•

Second Party’s
Statement Required
Under Article 444

•

Child Support
Determination Form
(Schedule 1)

•

First Party

•

Second Party

•

Commissioner for Oaths

First Party and Second Party to sign
the signature pages on top their name.

First Party must sign this document in
front of a Commissioner for Oaths who
will witness your signature. Then, the
Commissioner for Oaths will sign at the
designated area on the document.

First Party must sign this document in
front of a Commissioner for Oaths who
will witness your signature. Then, the
Commissioner for Oaths will sign at the
designated area on the document.
First Party
Sign on top of your name.

Second Party
Sign on top of your name.

First Party and Second Party must sign
this document in front of a
Commissioner for Oaths who will
witness your signatures. Then, the
Commissioner for Oaths will sign at the
designated area on the document.
8

Attestation In Respect Of
The Registration Of Birth

•

First Party

•

Second Party
Sign on top of each of your names.

List of Exhibits

•

First Party

•

Second Party
Sign on top of each of your names.

Notice of Presentation
This document is only
required by certain
Courthouses

•

First Party

•

Second Party
Sign on top of each of your names.

5 – Get Court File Number
Once all your documents have been signed, you are ready to open your Court file by
seeing the Court Clerk.
The Court Clerk will examine all your documents and if they satisfy the filing requirements
of the Court. If all the documents are in good order and, the Court Clerk will sign the
“Certificate of the Clerk” found in your divorce application and will provide you with a
Court file number.
Once you get your Court file number, write that number on all your Court documents at
the top left of the page.

6 – Pay Court Fees
The Court Clerk will specify how much you must pay in Court filing fees.
Go to the Court cash and pay the required Court filing fees.
You may refer to Justice Canada’s website for additional details on the applicable fees at the

following link: https://www.justice.gouv.qc.ca/en/documentation-center/tariff-of-court-costs/
divorce-and-separation/.

7 – File Your Divorce Application
Upon payment, the Court will stamp your divorce application showing that you have paid
for it.
You are now able to deposit your divorce application, forms and supporting documents in
the record of the Court. You can ask the Court Clerk exactly where to deposit your papers
and they will assist you.

Congratulations, you have successfully filed your divorce documents at Court!!!

What happens next?
COURT REVIEWS YOUR DIVORCE APPLICATION
Each divorce application filed at Court is analyzed individually by the Superior Court of
Quebec staff and the judge.
During the review process, it is possible that the Superior Court judge or reviewer requires
that you provide additional documents, explanations, clarifications or other supporting
documents. In this case, they will send you a notice called (“Avis de dossier incomplet”)
where they outlined exactly what they need.
Typically this notice is sent when:
1.

There are missing supporting documents or they are not accepted by the Court

The Court has a specific question about the content of your divorce application or
documents

If you receive such a notice, please send us a copy by email at support@divorce.zone and
we will analyze it and determine if you are eligible for our guarantee.
Considering that LZQC does not represent you in Court, if you receive a notice from the
Court or any correspondence, you are responsible to respond to it directly. LZQC does not
communicate with the Court on your behalf.

COURT REVIEW DELAYS
You can expect varying delays for the review and processing of your divorce application
depending on the volume of work that your local Courthouse is dealing with.
As a general rule, it may take from 3 to 4 months for you to receive your divorce
judgment as of your filing date. You can contact your local Courthouse for more accurate
delays that you can expect for receiving your divorce judgment.
DIVORCE JUDGMENT AND DIVORCE CERTIFICATE
Once the Court has reviewed your divorce application and it is satisfied with everything,
they will issue your divorce judgment and mail you a certified copy by mail.
About 35 to 45 days after your divorce judgment is issued by the Court, the Court will also
issue to you your divorce certificate. The divorce certificate will officially evidence your
divorce. Please make sure you keep it in a safe place.

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