Family litigation

There are two main matrimonial property regimes in Quebec: the community of property regime and the separate property regime.

Since July 1, 1970, couples who marry without a prenuptial agreement are automatically subject to the community of property regime. In other words, if you do not enter into a prenuptial agreement, you are automatically subject to the community of property regime.

If you decide to enter into a prenuptial agreement before a notary, you may choose the separate property regime or tailor your matrimonial regime to your specific wishes.

The general principle regarding community property is as follows: All property you owned BEFORE the marriage remains your property (“separate property”). All property acquired DURING the marriage must be divided with your spouse at the end of the marriage (“community property”).

Several distinctions must be made regarding these principles, as the law provides for certain exceptions. For this reason, it is essential to consult a professional during your divorce to take inventory of your assets and debts.

It is also important to know that, unless there is evidence to the contrary, property is presumed to be community property and therefore subject to division. Generally, your earned income is considered community property. Conversely, property acquired before the marriage or property you inherit—even during the marriage—remains your sole property.

On the other hand, the general principle regarding the separation of property is as follows: All property you own, whether acquired before or during the marriage, remains your property. This is a more individualistic regime than the community property regime, which is a more traditional one.

You can also create your own customized matrimonial regime through a prenuptial agreement. You could decide to include certain elements of the community property regime and others from the separate property regime. Your legal advisor will be best positioned to advise you on this matter.

One thing is certain: it is important to fully understand your matrimonial regime so that there are no surprises should a separation occur. If you decide not to draft a prenuptial agreement, make sure you are informed about the ins and outs of your choice.

Also note that a prenuptial agreement must be drafted by a notary. You cannot therefore do this on your own.

If you have any other questions on this topic, please don’t hesitate to contact us!

Child support is generally calculated using the Quebec child support calculation model. Based on both parents’ income and the number of children, the tables determine an annual budget for the children’s basic needs.

This budget is then divided between the parents based on their respective incomes and the time each parent spends caring for the children. The budget must follow the children. So if the children are in the exclusive custody of one parent, the total amount of the budget must be available to that parent. This is what requires a transfer from one parent to the other and creates the support obligation. In shared custody, the budget must be split 50-50 between both parents. When the parents’ incomes are unequal, the proportion of the budget held by each parent is not 50%. Child support therefore serves to rebalance the budget.

Consult our brochure “Understanding Child Support” to learn more.

For further information on the expenses included in child support, please feel free to contact us.

Under Article 596.1 of the Civil Code of Québec, parents are required to keep each other informed of changes in their income. Upon request, the other parent must provide you with information regarding their income once a year. With this information, it is possible to adjust the child support payment by performing a new calculation. However, a court order may be necessary for these changes to take effect.

Avoid litigation and be open to alternative dispute resolution methods
Your attorney may recommend that you try to resolve the dispute through an alternative dispute resolution method, such as mediation or a settlement conference. Even though your attorney is an experienced litigator, these methods are often the most effective and cost-efficient way to resolve your case. With the help of a neutral third party, it is possible to reach an agreement that works for both you and the other party. Furthermore, be realistic in your demands and try not to be motivated solely by revenge, guilt, or anger. Try to be as objective as possible.

Provide complete and detailed information
The facts of every case are different. Lawyers don’t have a crystal ball and rely on you to provide them with the information they need. Submit an accurate summary of the facts you consider relevant, in chronological order.

Be honest
Remember that your relationship with your lawyer is protected by attorney-client privilege. He or she must be aware of all relevant facts, even if they may seem to work against your interests. Your lawyer will handle and manage the case accordingly. There is nothing worse for you than when your lawyer is in negotiations or in court and realizes that you haven’t told him or her everything.

Pay your bills on time
It’s a matter of respect. You wouldn’t leave your mechanic’s shop without paying for the repairs he just did on your car. The same goes for your lawyer. He’s providing a service, and that service must be paid for. If you don’t pay your bill on time, additional fees may be added to your invoice in addition to interest.

Stay organized
To properly prepare your case, your lawyer will certainly need several documents. Take the necessary steps to obtain the documents in your possession, such as birth certificates, marriage contracts, leases, notarized agreements, bank statements, etc. Provide these documents to your lawyer in an organized manner—using dividers or another method—but make sure everything is clear. Remember that if your lawyer has to file all the documents, this will appear on your next bill. The fees you pay should not cover the cost of sorting and organizing the case file.

Be Consistent in Your Instructions
Once your lawyer has clearly explained your rights, obligations, and options, be clear in your instructions and don’t keep changing your mind along the way. If you change your mind about the direction of the case, notify your lawyer promptly to avoid a situation where they are working on one approach while you are pursuing another.

Be prepared
To avoid driving up your bill unnecessarily, keep your list of questions handy during calls or meetings with your lawyer to avoid having to call them back repeatedly. Keep your own file up to date by making copies of the documents you give your lawyer and by archiving emails or documents sent to you. Keep an up-to-date log of events that may occur along the way, such as calls from the opposing party or other matters, and note the exact dates on which important events occur.

A picture is worth a thousand words
Don’t hesitate to provide your lawyer with photographs that illustrate your lifestyle, vacations you’ve taken, and your involvement in caring for the children, etc. These photographs can be submitted as evidence during your case hearing.

Keep him or her informed of developments
If there are new developments in your case and your lawyer is not aware of them, let him or her know. A brief email will suffice to inform him or her of what has happened, whether regarding the opposing party, a witness, or something else.

Don’t treat your lawyer like a psychologist
Although you may be going through difficult times in your life throughout the course of your case, your lawyer is not a psychologist. You have consulted us to provide legal guidance and inform you of your rights and obligations. Turn to the appropriate resources—whether friends or professional help—to get the support you need. We can also refer you to resources appropriate for your situation.