Separations lawyer

Understanding separation and its legal framework

From a legal point of view, separation is different from divorce. In the case of married spouses, a separation may be simply factual (the spouses live apart) or be the subject of a legal separation judgment issued by the Superior Court. Unlike divorce, legal separation does not dissolve the marital bond – the spouses remain married even if they are no longer obliged to live together. They can decide to reconcile at any time after a separation, or later start divorce proceedings if they wish to end the marriage. Divorce, on the other hand, ends the marriage and leads to the definitive division of the couple’s property and debts

It is important to note that separation does not only concern married couples. If you are a common-law (unmarried) spouse, you do not need a judgment to formalize your separation

But that doesn’t mean you don’t have to do anything – you’ll need to agree on critical issues like child custody, financial support, and the division of your assets. In all cases, whether it is a de facto separation, a legal separation or a possible divorce, the family, financial and legal consequences of the break-up can be complex. Consulting a lawyer early in the process helps you understand your rights and obligations, and avoid mistakes that could compromise your interests. Indeed, each separation is unique and must be approached with a strategy adapted to the particularities of your situation

The importance of a lawyer during a separation

A separation, whether temporary or permanent, is often a delicate period emotionally and legally. Calling on an experienced family law lawyer ensures that you are guided by an objective and competent legal advisor who will defend your rights. Our role is multiple:

• Personalized legal advice: Before making any decision, it is essential to be well informed. Our lawyers offer you tailor-made consultations to assess your situation, explain the ins and outs of a separation and the different options available to you.

  • This will allow you to make informed decisions in the best interest of your family. We answer all your questions concerning, for example, the steps to take, your rights in terms of family patrimony, or the consequences of a separation on the matrimonial regime and the couple’s finances. If you are hesitating between starting a divorce or opting for a legal separation, we can also enlighten you on the advantages, conditions and implications of each option.

  • Mediation and amicable settlement: If both parties wish to avoid legal confrontation, we favour amicable dispute resolution methods. Azran Lawyers offers a unique private family mediation service , tailored to your needs, which allows you to avoid a long and trying legal battle in court

  • As a bilingual law firm in Montreal, we are able to facilitate dialogue between spouses, married or not, in order to find mutually acceptable solutions. Family mediation is particularly appropriate when children are involved, as it helps to maintain an atmosphere of cooperation between parents in the interests of the children. Our lawyers trained in mediation can act as neutral mediators or accompany you during the mediation process to ensure that your rights are protected throughout the discussions. In the event of an agreement, we ensure the negotiation and drafting of a comprehensive separation agreement covering all the necessary points. This agreement may eventually be approved by the court to give it the same enforceability as a judgment, thus ensuring its compliance over time.

  • Representation before the courts: If no satisfactory agreement emerges or if the situation requires it, our lawyers will not hesitate to assert your rights before the competent courts. Whether it is to initiate legal separation proceedings for spouses, to obtain emergency safeguard orders (for example, a child custody or interim support order), or to settle a persistent dispute, we ensure your representation with rigor. Our experienced team will plead your case before the Superior Court to protect your interests and those of your children. For example, in the presence of domestic violence or any other serious issue, it is crucial to quickly go to court in order to put in place protection and safeguard measures: we accompany you in these sensitive steps to ensure your legal and personal security. By calling on Azran Avocats, you can be sure that you will be supported by seasoned professionals who are able to effectively defend your rights in court if the situation requires it.

The main issues to be resolved during a separation

Each termination has several legal aspects that must be resolved fairly and in accordance with the law. Our lawyers assist you in finding fair solutions for all these family issues :

• Child custody and access: When a couple separates and there are minor children, the issue of custody is often the most sensitive. Our firm, thanks to a dedicated child custody lawyer , helps you establish a custody agreement that respects the best interests of the child above all. Whether you are considering shared, sole custody or another arrangement, we advise you on the applicable criteria (stability of the children, availability of the parents, wishes of the child if applicable, etc.) and we make sure to assert your parental rights. If an amicable agreement is possible, we help you to formalize it clearly. If not, we are prepared to apply to the court to set the terms of custody and access rights. The goal is to ensure the safety and well-being of your children during and after the separation, while preserving your parenting role. (See also our page on child custody lawyer service for more details on shared, sole custody, etc.)

• Child and spousal support: Separation usually involves providing the appropriate financial support for family members. Our lawyers will inform you about your rights and obligations in terms of alimony. For children, the parent who does not have primary custody will generally be required to pay support in accordance with provincial scales, in order to maintain the children’s standard of living similar to that they had before the separation. For married or civil union spouses, there may also be spousal support to be provided in certain cases – for example, if one of the spouses needs financial support to support themselves following the breakdown. We help you calculate and negotiate fair support, taking into account each person’s income, need and financial capacity, and ensuring that all necessary claims (indexation, duration, payment terms) are included in your agreement or court orders. (For more information, see our support lawyer service in Montreal.)

• Division of family property and patrimony: The end of a relationship leads to the settlement of the fate of the assets accumulated during the life together. If you were married, Quebec law provides for the division of the family patrimony (family residence, vehicles, pension plans, etc.) as well as the liquidation of your matrimonial regime. Our lawyers guide you through this sometimes complex process to ensure that no assets are missed and that the division is done fairly and in accordance with your rights. In the event of a de facto union, although the legal framework is different (no automatic family patrimony or entitlement to a pension for an ex-spouse), it is still necessary to divide the assets acquired jointly and to settle outstanding financial issues – sometimes through remedies such as unjust enrichment or according to the agreements you had made. Azran Avocats has the expertise to advise you on the best way to protect your assets and obtain what you are owed, whether through the negotiation of an amicable settlement or a court decision. As each wealth situation is unique, we analyze in detail your assets, liabilities and legal documents (marriage contracts, agreements between spouses, title deeds, etc.) in order to assert your rights in the division.

Why choose Azran Avocats for your separation?

By choosing Azran Lawyers, you benefit from the support of a reputable family law firm in Montreal. Our firm, founded in 1992, is recognized for its know-how, professionalism and personalized approach to each client. We know that a separation can be a difficult ordeal; This is why we make it a point of honour to be attentive, compassionate and rigorous in the handling of your case.

• Human and personalized approach: Every family is unique. Our lawyers take the time to thoroughly understand your family situation and priorities. We work with you to develop a legal strategy that is tailored to your needs, whether your case can be settled amicably or requires a plea before the Superior Court. You will be constantly informed of the progress of your file and advised at each stage in order to make the best decisions for you and your children.

• Expertise and versatility: Our team is made up of several experienced family law lawyers, each of whom has developed in-depth expertise in complementary areas (child custody, mediation, international family law, etc.). This diversity of skills allows us to master all aspects of your separation, including complex situations. For example, if your file has an international aspect (foreign property, residence outside Quebec, etc.), we have the necessary know-how to manage it effectivelyazran.ca. Similarly, if related procedures are required (sale of the house, changes in judgment, etc.), we can assist you or direct you to the right stakeholders.

• Mediation and alternative dispute resolution: One of the elements that differentiates our firm is the central place given to amicable resolution. We strongly believe that a negotiated settlement, when possible, is generally beneficial to all parties – it reduces the time, costs and most importantly the stress of separation. Azran Lawyers stands out by offering comprehensive private family mediation services in Montreal, which allows us to facilitate fair settlements without unnecessarily judicializing the conflict. If you prefer this route, you will find certified professionals to accompany you in the mediation process and the drafting of balanced agreements.

• Rigorous and effective representation: In the event of a dispute, you can count on our fighting spirit and our experience in court. Our firm has built its reputation on its judicial strategy and its effectiveness in asserting the rights of its clients. We carefully prepare each separation file that must be presented to the judge, and plead vigorously to defend your interests. Our goal is to achieve the most favourable outcome possible for you, whether through satisfactory judgment or an advantageous negotiated settlement.