TO GET A CLEARER PICTURE
TO GET A CLEARER PICTURE
Whether you have been served with a family law application, you intend to assert your rights in court, for an uncontested joint divorce, or simply to know your rights and the court process in family matters, we have the expertise to guide you.
Our family law team will be able to help you, with the utmost professionalism. We are conscious of the issues in family matters and the profoundly human nature of this area of law. We know just how complex the legal proceedings and principles may seem and we make sure to make the entire legal context surrounding the dispute as understandable as possible. With us, you will get the facts straight. We will support you in this step with the sensitivity necessary in family law and in its related areas.
We know that there is usually an interest in settling family law matters between the parties, rather than relying on a third-party decision-maker, and we make every effort to negotiate a fair, complete, and lasting agreement for you.
Marriage is often the biggest commitment a person will ever make in their life. Marriage binds the spouses financially, personally, and emotionally. Children are often directly impacted, who find themselves in the midst of a tense conflict despite themselves. Whether it is for a litigious, tense, and conflict-ridden divorce or for initiating joint divorce proceedings following an agreement having been discussed between the spouses, we will inform you of your rights and obligations, while bearing in mind the social and personal considerations unique to each case. We are specialized in family litigation and if a matter must be put before the court, we will advise you in this regard. We will defend your rights and position before the Superior Court’s Family Division, regardless of the contentious aspects of your divorce.
A separation between de facto spouses may lead to legal proceedings. Whether you have property acquired in common or have invested in the property belonging to your spouse, we will advise you on your common or co-owned assets and on your rights in the event of unjust enrichment.
The rules on property division vary, depending on whether a person is married or not. The legal regime for married couples has its own rules while the acquests of de facto spouses are subject to their own rules. Jointly-owned property will have to be divided by sale or transfer. The movables will also have to be dealt with upon separation.
Our family law team as well as our expertise in real estate law make our firm the essential resource in matters dealing with the division of property, rights arising from joint ownership, rights arising from the use of property, and unjust enrichment.
We will answer your questions regarding child custody and support payments. We will explain the basis for calculating child support, based primarily on the parents’ incomes, as well as the criteria regarding custody and visitation. Our expertise will also be helpful in more exceptional cases of establishing the other party’s income, in cases where the other parent’s income does not correspond to the income declared for tax purposes, said parent has a higher earning potential, or is receiving undocumented income. We will advise you on the appropriateness of making an application to the court, on the steps of the examination on discovery, and on the necessary evidence.
The best interests of the children will always be at the heart of the legal analysis and we will be at your side to defend your rights and defend the interests of your children.
A family law case often reopens following a significant change in the parties’ situation. Whether it is a change in income, a planned move, a custody schedule that has become impractical, or an authorization refused by the other parent, we will advise you and represent you to modify your last judgment accordingly and facilitate your daily life. We know the extent to which an agreement or order that no longer corresponds to your reality can complicate your organization, your projects, and affect your quality of life as well as that of your children.
Our team has extensive expertise in the international aspects of your divorce or separation. It is common for a spouse to have moved overseas or for the couple to have married in another country and then moved to Quebec. These situations often lead to legal particularities, proceedings abroad, or consequences for a person’s immigration status. We have the necessary expertise to represent you before the Quebec courts and guide you as to which foreign rules apply in Quebec and which do not.
Family situations can often lead to the intervention of the Director of Youth Protection. We will explain the role of the Director of Youth Protection, the expectations they have of parents, and your rights regarding their intervention. Often, the Director of Youth Protection will continue its intervention following an anonymous report. Voluntary measures may be applied to address the situation and the youth court’s intervention may be necessary for an order to be given.
Our family law team can advise you throughout the Director of Youth Protection’s intervention and can accompany you before the Court of Quebec, Family Division, if such an intervention is requested by one of the parties.
Divorce proceedings: Whether you are considering instituting legal proceedings for divorce or have recently been served with an application for divorce and provisional measures, we will act efficiently and quickly to initiate your recourse or respond to the application within the time limits prescribed. We can represent you in all aspects of your divorce and we will accompany you before the courts to effectively enforce your rights. We will take all the necessary measures and work with you to achieve the desired result and find the most appropriate solution.
Modification of Support: Have you changed jobs? Has your ex-spouse mentioned that he/she has a new income? Has your child moved out of the family home or finished full-time studies? Has your child expressed wanting to change domicile or residence? We regularly advise and represent parents in such situations. We will give you a clear picture of the possibility of filing such a recourse and we will represent you before the courts for such a claim, whether it is contested or results in an agreement between the parties.
Consultation and Follow-up in Case of Break-up: As it is better to prevent than to cure, contact us for a family law consultation. We will be able to effectively guide you through the steps to be taken for a divorce or a separation while advising you on the precautions to take to protect yourself and your children before legal proceedings are instituted. For example, we can publish a declaration of family residence for you in order to protect your rights in the family patrimony, inform you as to the grounds for divorce and the necessary separation periods and about alternative dispute resolution methods such as mediation or out-of-court negotiation of an agreement.