Family law is the umbrella term used to describe the wide array of issues that can arise between partners, usually as a result of their decision to separate. Family law includes issues that may be faced by intact families as well, such as adoption and assisted procreation, and problems that may arise when a family is in crisis, possibly involving youth protection services. While the focus of my practice continues to be helping clients resolve issues involved in separation and divorce, over the years I have developed a wide network of associates who specialize in other areas. It will be my pleasure to help you find someone who is knowledgeable to assist you, if I cannot.
The most common issues in family law are questions relating to custody of children, financial support of the children and the parents, and the division of the assets of the union. Child custody refers to the decisions related to where the children will live once the parents no longer share the same roof. Access is the term that describes the schedule for the non-custodial parent to spend time with the children. Parental authority refers to each parent’s right to have a say in all of the important questions in their children’s lives, and in our jurisdiction of Quebec, parental authority is not dependant on the parent’s custody situation.
There are two distinct types of financial support issues in family matters. Child support is an amount of money that is generally paid by the parent with the higher income to the other parent, to help with the basic costs involved in raising children. In Quebec, and most other jurisdictions, the basic amount of support is determined by referring to government child support tables, and is dependant on the parents’ incomes, and the number of children needing support. Other factors may come into play, which may change the basic support amount, including special expenses of the children, such as the costs involved in their education, child care, their particular medical needs, and their other activities. In some cases, the paying parent can ask for relief from hardship, taking into consideration their high level of debts or other existing financial realities.
Spousal support refers to an amount that is paid to the partner who has been disadvantaged as a result of the marriage in terms of their present ability to earn an income. The amount and duration of the payments will depend on certain factors, including the length of the marriage, the contributions of each spouse to the family during the marriage, and others.
In the province of Quebec, you must have been married to your partner in order to claim spousal support. A common law relationship is one where the parties did not marry, even though they may have had children together, and may have been living together for a very long time as partners. It is important to note that, at present, Quebec law does not recognize common law relationships for the purpose of spousal support. Quebec is fairly unique in this regard; in most other jurisdictions, it is possible to claim spousal support, whether the parties lived together as married partners or in a common-law relationship.
In the province of Quebec, issues involved in the division of assets depend on the type of asset under discussion. The matrimonial régime of the couple refers to the set of laws that apply to the assets that either spouse acquired during the marriage. The default régime is partnership of acquests. This means that assets and debts acquired by either spouse during the marriage are shared between them when the parties terminate their régime, typically by divorce or legal separation. In some cases, the spouses have changed their matrimonial régime to separate as to property, by signing a marriage contract, sometimes called a prenup, a prenuptial agreement, which is a legal document that may produce other effects as well as modifying their matrimonial régime.
In Quebec law, the Civil Code creates a special group of assets, called the family patrimony, that gets special treatment, which does not depend on who owns the asset in question. Simply put, included in the family patrimony are the former family residences, the furniture, the parties’ motor vehicles, and their retirement assets. The net value of these assets is shared when the parties legally separate or divorce, after calculation of certain deductions that may be made from their value. In addition, a spouse can ask for the right to use a patrimonial asset, even if the asset is not in their name.
When disagreements arise in the settlement of these issues, they typically do so at the beginning, when the partners are most upset and stressed out with the reality of their separation and the uncertainty of what the future holds. It is precisely at this point, when they are at their most vulnerable, that they are expected to decide which process to engage in, to resolve their disagreement. Good advice is crucial, and it cannot come fast enough.
I would be happy to discuss the options with you.
I invite you to call me at 514-288-9322.
