AMICABLE DIVORCE

Contemplating the breakup of a marriage is never easy. Often, the decision is made only after a long period of heartbreak, soul-searching and agonizing uncertainty, especially where children are involved.

More and more couples wish to minimize the conflict, to have an amicable dissolution of the union in a climate that fosters agreement.

If your are among them, your notary can advise you on the legal effects of separation and divorce.

Trusted family advisers over the years, notaries specialize in civil law, including matrimonial law. Their university training and experience in drawing up contracts make them out-standing legal advisors. Your notary can inform you and guide you through the legal process leading to separation or divorce.
But, first, are you aware of the difference between separation and divorce?
What should the draft agreement
contain ?

The agreement settles all questions arising out of the marriage breakup. For example:

• Who will have custody of the children ? Who will take them at Christmas or during school vacations?
  
• Who will pay the cost of their schooling?
  
• Who will remain in the family residence? Must it be sold instead?
  
• Who will keep the furniture ?
  
• Who will pay off the spouse's joint debts ?
  
• Will there be alimony or child support? How often will the payments be made? For how long ?
  
• How will the family patrimony be divided ?
  
• How will the spouse's pension plans be affected? etc...

Advantages
Statistics tend to support the view that an amicable separation or divorce has positive short-and long-terme effects, as compared to a decree obtained in a climate of confrontation and contestation.

An amicable agreement between the parties shortens the process and reduces legal costs and fees. Moreover, children are less traumatized by the experience when their parents can communicate and agree despite their differences.

There are no winners or losers in the judgment, since it ratifies the result of negociations and agreements freely entered into by responsible individuals wishing to decide their future for themselves.