Family law
The separation journey is not as laborious when you can rely on a friendly and professional support. Going through a divorce or a breakup is no walk in the park, there are many issues to settle like child custody, child or spousal support, sharing the family residence and the assets. HA is here to support you in answering all your questions, be by your side during this difficult time in order to make it manageable by you and your family.
We offer the following services:
Divorce
It is the only legal way to completely end the union between the parties involved. It can be amicably settled or debated in front before the court. Grounds for a divorce are provided by the Divorce Act: living separately and apart for at least one year preceding the determination of the divorce; committed adultery; treated the other spouse with physical or mental cruelty
Amicable divorce
This results from the final settlement of all aspects of the divorce,
including child custody, child support, alimony and sharing the assets. Such proceedings reduce time and fees since it occurs with a shared and single request to the court. It needs to be signed
by both parties and has to be presented with a final consent order.
Divorce Judgment by default
A divorce judgment can be rendered when someone that is separated from their spouse de facto, wants to get divorced but does not know where the other party reside. The person will be authorized by the court to start divorce proceedings serving the other party through unconventional channels such as Facebook or Whatsapp.
The divorce will be granted by the family court since the other part was failing to respond or appear at the hearing.
Separation from bed and board
This
proceeding is granted when the will to share a community of life is gravely undermined, especially when the spouses are living apart. Yet, a separation from bed and board does not break the bond
of marriage.
De facto separation
The parties mutually decide to live apart, without the court’s intervention. Before rushing to any conclusion, Henriquez Advocate advises to always
seek for legal advice in order to protect your rights.
Parenting time (new arrangements!)
As of March 1st, 2021, the Divorce Act no longer
uses the terms “custody” or “access”. Parenting time refers to the time that children spend in the care of one of their parents, whether or not the child is physically with the parent (for
example, it includes times when children are in school). Parenting time may be set out in a schedule. This request is incidental to the request for divorce. If you are a parent who had “access”
under the Divorce Act, you now have “parenting time”.
Child(ren) custody and access rights
Child custody applications aim to establish the
custody time allocated to each parent following the separation. This term is used only in the context of unmarried couples. Custody will be established by taking into account the analysis of
several factors such as the age of the children, their wishes and the ability of the parents to take care of them. Access rights, also called “visiting rights”, are rights that allow children to
have contact with the other non-custodial parent.
Child support
This is a regular payment made by one parent for the children’s benefit,
in order to meet their basic needs. In most cases, upon separation, such an obligation arises towards the children, whether the parents are married or not. This obligation does not stop when the
children reach 18 years old and are yet to be autonomous, but also if they’re still in shared custody.
Alimony
Following a divorce or legal
separation, alimony for ex-spouses is a sum of money paid by one of the spouses for the benefit of the other in order to meet their needs. It is important to note that in Quebec, only married
couples have the opportunity to be granted such financial support. Several factors will be taken into consideration, such as the needs and financial means of each of the spouses, and their
involvement during the marriage.
Cancellation or decrease of child support payments
If the children reached the age of
18 and their situation allows it, the supporting parent can apply to request another court judgement on the matter. The child needs to be over 18 and financially independent to meet the grounds
for cancellation. Their studies need to be completed, or they should be working full time. It’s also possible to apply for cancellation or reduction if the supporting parent lost their source of
income, or if it was significantly reduced.
Marriage Annulment
While a divorce is the legal dissolution of a marriage, an
annulment is as if the marriage never actually happened. Annulments are extremely difficult to get. They are generally only used to end a marriage that was never legally valid in the first place,
making it null and void. This means that there is only a small set of circumstances that it can be used to initiate a marriage annulment. It’s also limited to 3 years following the celebration.
Partition of patrimony
During a divorce, one of the important aspects to take into account is the division of the family patrimony. This is one of the greatest sources of frustration after child custody.
The aim is to divide the assets acquired during the marriage between the two ex-spouses. Several rules govern this sharing, but an agreement can supplement these rules and Henriquez Avocats is here to help you preserve your rights
Children have a right to a relationship with grandparents
The law says that parents
cannot stop grandchildren from having a relationship with their grandparents, unless there is a serious reason. If it is difficult or impossible for grandparents to see their grandchildren
because the parents are not allowing it, then the grandparents can file a request in the Superior Court of Quebec and ask for visiting rights.
Filiation
Filiation means that you have rights and obligations towards your
child, in particular concerning parental authority. It also means that your child has rights and obligations towards you. Filiation can be established by voluntary acknowledgment. When one parent
refuses to recognize their child, the other parent is entitled to file an application to determine filiation and order that the birth certificate indicates the name of the
parent.
Travel authorization and/or issuance of passport for minor child(ren)
When one parent
prevents the other from traveling with their children, the latter has the right to apply to the tribunal to obtain a travel authorization and/or the issuance of the children's passports. Several
criteria are assessed before making a decision, among them that the country of destination is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, and that
the parent requesting authorization has a situation financial stability in Quebec.
The separation journey is not as laborious when you can rely on a friendly and professional support.
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Henriquez Avocats
338, rue Saint-Antoine Est,
bureau 401, Montréal, QC, H2Y 1A3
☏ 514 903-9004
WhatsApp: +1 438 409-9047
📠 514 303-9004
