Family Law – Marriage and Divorce

Yes. Following a divorce, support payments may be awarded for children and sometimes for a former spouse. The lawyers at Juriseo can assess needs and resources, negotiate or litigate to establish an order, have an existing support order reviewed or enforced., have an existing support order reviewed, or have it enforced.

Child custody and support matters are at the heart of any divorce proceeding involving children. The best interests of the child guide all decisions.

Our expertise includes:

• Defining parenting time arrangements (shared custody, sole custody);

• Establishing visitation rights and access rights for the non-custodial parent;

• Determining parenting time and custody schedule adapted to the children’s needs;

• Calculating child support according to the Quebec child support determination model;

• Using the child support determination form;

• Negotiating or contesting spousal support;

• Modifying custody or support following a change in circumstances;

• Enforcement of custody and support orders;

• Advice on parental responsibilities and making important decisions.

Child support: Calculated based on the income of both parents and custody time. The Quebec model establishes a base amount covering essential needs. Special expenses (childcare, activities, medical care) may be added.

Spousal support: May be requested under the Divorce Act if a financial imbalance results from the marriage or its dissolution. Factors considered: duration of the marriage, roles performed during the marriage, means of becoming self-sufficient.

Children’s parenting time: Determined according to the best interests of the child. Factors: child’s needs, parental capacity, stability, child’s wishes (depending on age), maintaining relationships with each parent.

Divorce entails significant financial consequences, including the mandatory division of the family patrimony and the dissolution of the matrimonial regime.

Our services cover:

• Comprehensive assistance with the equitable division of the family patrimony (family residence, secondary residences, vehicles, RRSPs, pension plans);.

• Calculation and assessment of assets included in the family patrimony;.

• Determination of the matrimonial regime;.

• Management of the dissolution of the partnership of acquests (legal regime in Québec);.

• Division of separate property and acquests according to the matrimonial regime;.

• Interpretation and application of the marriage contract (separation of property, customized contract);.

• Valuation of businesses and complex assets in collaboration with accountants and tax specialists;.

• Negotiation of financial compensation and equitable arrangements;.

• Protection of your interests in situations involving concealment of assets;.

• Multidisciplinary approach: working collaboratively with chartered professional accountants;, accredited appraisers and tax specialists for complex files.

Family patrimony (mandatory): Equal division between spouses of residences, furniture, vehicles, and retirement rights accrued during the marriage, regardless of who owns them.

Matrimonial regimes: Partnership of acquests (legal regime), separation of property, or a customized contract. Each regime has different implications for the division of property upon divorce.

The divorce process can be complex, lengthy, and emotionally charged. Understanding the steps and available options is essential for navigating this transition.

Our services cover:

• Initial consultation to understand your specific situation and discuss the best legal strategies;

• Divorce mediation promoting amicable agreements between parties for a harmonious separation;

• Family mediation service with an accredited mediator to facilitate agreements;

• Urgent protection in cases of domestic violence (safeguard orders, emergency measures);

• Drafting and filing of the divorce petition with the Superior Court of Quebec;

• Preparation of all necessary legal documents (proceedings, affidavits, agreements);

• Representation before the courts to defend your interests;

• Negotiation of comprehensive separation agreements covering all aspects of the divorce;

• Management of complex cases including international elements (assets abroad, multiple jurisdictions);

• Advice on the existing matrimonial regime and marriage contract.

What is the difference between an uncontested divorce and a contested divorce?

An uncontested divorce relies on an agreement between spouses regarding custody, support, and asset division. The process is faster and more economical. A contested divorce is necessary when disagreements persist and require court intervention.

More specifically, here are two practical definitions:

Uncontested Divorce (Joint): Both parties agree on all aspects (custody, support, division of assets). A faster and less expensive procedure (a few months). Promotes a harmonious separation and preserves the co-parenting relationship.

Contested Divorce (Litigious): Disagreements on one or more aspects requiring court intervention. A longer procedure (sometimes several years) and emotionally taxing. Requires strong legal representation to defend your rights.

The cost varies depending on the situation: an amicable divorce with full agreement generally costs much less than a contested divorce, which involves more hearings and fees.

To obtain a divorce in Quebec, you must file an application with the Superior Court, citing a ground recognized by law, such as a one-year separation or more, an adultery or cruelty. Next, you must s ettle the ancillary matters, for example, custody, support, and the division of property. The lawyers at Juriséo can support you at every step.

Yes, but certain conditions must be met for the divorce to be officially recognized. This may include verifying that both parties were duly notified of the proceedings and that the judgment does not contravene Quebec public order. Our team can guide you through the process of recognizing your divorce in Quebec.