Family Law

Common law partners: Lola vs. Éric

14 December 2016
Getting married or not getting married… there is the question! We heard about the cause of Lola C. Éric. Many of us have discussed this with our friends and family. Unfortunately, it was not everyone who clearly understood what happened in that case. Let us briefly review the facts of this cause known to the general public. Lola and Éric were not married but had cohabited together for an approximate period of seven (7) years. During this seven (7) year period, they had three (3) children. Lola alleged in Court that she often asked Éric to marry her. Éric alleged…
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Family Law

Parental alienation: Letting your emotions take over

26 July 2013
We've all heard it at least once, "If I ever get divorced I'll do the best for my children and I won't let them be affected by the divorce. I will never leave the other parent out!" Unfortunately, too often this is not the case. Divorce and separation are synonymous with bad times and for a number of people involved, events are often considered out of context. I have said that in other articles about divorce and I say it again, those who suffer are the children. Parental alienation is established when a child rejects and no longer wants to…
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Family Law

Common-Law Partners an Exposed Status

8 May 2013
Marriage and civil union are the two unions recognized in Quebec civil law. Therefore, spouses who choose to live together without formal union, will not have rights under the Civil Code of Quebec. The de facto union does not establish any particular legal status between the two spouses. However, there are several laws that grant de facto spouses the same rights and obligations as spouses who are married or in a civil union.
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Azran Lawyers Family Law

Divorce and children

2 May 2013
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…
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Family Law

Alimentary Pension

2 May 2013
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…
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Family Law

Family residence in divorce or separation

2 May 2013
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…
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Family Law

Family Patrimony

2 May 2013
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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