Azran Lawyers Family Law

Divorce and children

Unlike their parents living in common-law relationships, children born out of wedlock are protected by the civil laws of Quebec, and in the same way as a child from a married or civilly united couple. Thus, the legislature does not discriminate against children with regard to their parents’ obligation to support them. Making the decision to divorce is not an easy decision when there are children, emotions can easily take over. What are the questions that the parents should ask themselves when they are separating and what points should they resolve prior to instituting legal proceedings before the court concerning…
Family Law

Alimentary Pension

What Happens to the Needs of Children During a Divorce or a Separation? When there is a separation of divorce where children are involved, often financial issues arise and cause disputes between the parents. Support payments, payable by one parent to another, are based on the gross income of both parents. Alimony is also payable for all types of custody if there is a difference in parental income. Even parents who are not married are affected by this obligation to support the child, as stipulated in article 522 of the Quebec Civil Code: "All children whose affiliation is established have…
Family Law

Family residence in divorce or separation

There are several things to discuss in a divorce. First of all, there are the children, their well-being, the division of the goods of the parties and the management of their expenses. One of the important assets is the family residence. The family residence is part of the family patrimony for married couples and, unless the parties have waived the application of the family patrimony by notarial act before January 1, 1991, the net value is generally shared equitably between the parties In the event that the family residence was acquired solely by and in the name of one of…
Family Law

Family Patrimony

Since 1 July 1989, a law establishing the family patrimony has entered into force in order to promote economic equality between married couples and, since 2002, between couples in civil union. Essentially this law created the family patrimony which consists of property belonging to either of the parties or to the two (2) parties and whose value is divided.

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