Procedure for Applying for the Exemption

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  • Discuss the possibility of requesting an exemption with your former spouse.
  • If you and your former spouse agree, you can have a legal advisor draw up the required legal documents.
  • If you would rather prepare the application yourselves, you must file:
    • an application form;
    • an agreement; and
    • a sworn statement.
  • Complete the application taking your situation into account, then ask the court to grant you the exemption and approve your agreement.
  • In the agreement between you and your former spouse, you must state that, as of a particular date, the debtor will pay support directly to the creditor. The debtor must also undertake to provide and maintain the security provided for by the Act to facilitate the payment of support. Enclose the agreement with your application for exemption.
  • Enclose a sworn statement that you and your former spouse have signed before a commissioner for oaths, in which you swear that the facts given in your application are true. The following people can administer oaths:
    • notaries;
    • lawyers;
    • court clerks;
    • certain bank managers and managers of caisses populaires.

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