It’s very important to remember the fundamental difference between a divorce by unilateral petition and a divorce by mutual consent with partial agreement.
Divorce without mutual consent is a unilateral procedure that one of the spouses initiates when the other spouse does not agree to divorce. This is a case of disagreement over the very principle of divorce.
However, when the spouses agree to divorce but cannot agree on the terms of the divorce – the ancillary effects of the divorce – such as child custody or alimony, this is known as a divorce by mutual consent with partial agreement.
The first question to ask in order to define the procedure to follow is whether or not you agree on the principle of divorce. If so, you will be in the presence of an amicable divorce with full or partial agreement. If you do not agree on the principle of divorce, you will have to initiate divorce proceedings by unilateral petition.
Divorce proceedings without agreement between the spouses can only be initiated if one of the following two conditions is met:
So, typically, if you have to wait 2 years before starting divorce proceedings, you may need or want to set certain rules for your future ex-spouse, such as child custody during the two-year separation, a maintenance contribution or the allocation of the family home during the separation. If this is the case, you can get a judge to set the rules of the game by means of measures to protect the marital union (MPUC).