Family mediation

Mediation is a process designed to clarify, validate, share, and gather information in order to find a solution based on each party’s interests, while taking into account the needs of those affected by the separation and the best interests of the children.

Family mediation is a process that allows couples to amicably resolve all issues arising from the end of their relationship with the help of a certified professional.

It is intended for married couples, common-law partners, and domestic partners.

• Our office offers two types of family mediation services:
• Mediation subsidized by the Quebec Ministry of Justice.
• Non-subsidized mediation.

Check out our brochure “Is Family Mediation Right for You?” to learn more.

The legal process involved in a divorce can be very costly. Fortunately, mediation can significantly reduce these costs by encouraging the parties to reach an agreement rather than going to court. The mediator can support them throughout the process by providing neutral and impartial information and guiding their discussions. They can also handle the various legal procedures required to finalize the divorce.

This method of resolution is strongly encouraged by the government, which offers subsidies for mediation sessions.

The following situations qualify for subsidized mediation for a total of 5 hours:

• Married couples with one or more dependent children, during a divorce or separation;
• Couples living as common-law partners (cohabiting) with one or more dependent children during a separation;

The following situations qualify for subsidized mediation for a total of 2.5 hours:

• Couples who are already divorced and are revising the terms of their divorce decree;
• Couples who are already separated and are revising the terms of their separation decree;
• Couples who have lived as common-law partners with dependent children and are revising the terms of their separation decree

Can legal action be taken regarding our agreement? Is this included in the government-subsidized program?

The government-subsidized program does not cover taking your case to court. For a flat fee, our firm can obtain and prepare all the necessary documents for a petition for separation or divorce.

If additional sessions are required, they are available at the regulated hourly rate of $110.

This service is also available to childless couples, who are not eligible for subsidies, at the mediator’s rate.

Since the decision to separate is up to the couple, so is the resolution of the separation. Thus, although most issues can generally be addressed within this timeframe, mediation may require more than 5 hours. In such cases, the mediator’s hourly rate is set by regulation and must be billed at the same rate as subsidized hours, which is $110 per hour.

When the parties reach an agreement, the mediation concludes with the drafting of a summary of the agreements reached (concluded) between the parties. This summary is drafted and signed by the mediator and provided to you.

Please note that no legal proceedings, such as a petition for divorce, separation, or other matters, are included in the subsidized program. You may have your agreement ratified by the court or certified by the special clerk so that it is enforceable between the parties.

Can we obtain a court judgment regarding our agreements, and is this included in the subsidized program?

The subsidized program does not include taking your case to court. However, our firm can, for a flat fee, handle all the procedures related to your divorce or separation petition.

The topics covered include the following:

• Child custody;
• Visitation and access rights;
• The amount of spousal support;
• The amount of child support;
• Division of family property;
• Spousal support;
• Other rights arising from marriage or civil union.

For more information about the provincial family mediation program, please contact us.

Mediation can be effective and helpful in resolving a conflict, particularly in the following situations:

• Emotions are running high and complicating the conflict;
• The parties work together, interact regularly, and cannot avoid the situation;
• Several people are involved in the conflict;
• There is a desire to maintain healthy relationships;
• Important decisions need to be made;
• There is a need for help in resolving the conflict;
• The parties wish to avoid formal proceedings.

The subsidized program is intended solely for couples with children. We believe that mediation is a respectful, effective, and cost-efficient way to resolve all issues arising from a separation. We offer this service on an hourly basis.

Once the summary of agreements has been drafted, you can have your agreement approved by the court or certified by the special clerk, as applicable.

We can handle all legal proceedings related to your separation for you on a flat-fee basis.

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 obligation to pay child support. 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.

With the help of Guide T4040, you can complete Form T2220 by carefully answering the questions asked.

Definitions:
Annuity recipient: A person who is entitled to receive payments from an RRSP or a RRIF
Transferee: A person who issues the plan, annuity, or fund to which the property is transferred.
Transferor: A person who issues the plan, annuity, or fund from which the assets are transferred.
RRSP issuer: A person described in subsection 146(1) of the Income Tax Act with whom the annuitant has entered into a contract or arrangement that is an RRSP.

General Information
Generally, taxes are payable on all amounts withdrawn from an RRSP or a RRIF, as they are considered income for the recipient. However, when spouses separate, they may transfer funds from their non-matured RRSP or a RRIF without tax consequences. Taxes will be payable only when the recipient withdraws the money from their own account.

For the transfer to be tax-free, it must be made directly—that is, from one institution to another—and must be done pursuant to a separation agreement or a court order stipulating that the division of funds is in settlement of rights arising from the dissolution of a marriage or common-law partnership.

If you are the recipient of a fund transfer, you must be 71 years of age or younger at the end of the year in which the transfer takes place.

A payment from a non-matured RRSP can be transferred only to your RRSP or RRIF. It cannot be transferred to a RPP or an Annuity.

Do not include any amount in your tax return for the transferred amount, and do not claim any deduction for it. Generally, the transfer has no tax impact on RRSP contribution limits.

The form to complete is Form T2220. This form must be submitted to the financial institutions of each party so that they can process the transfer correctly.

Timeframes
Note that the law does not specify a precise timeframe for transferring an RRSP; however, it is expected to be completed within a reasonable timeframe (approximately one year) following the separation. However, in most cases, the parties agree to complete the transfer within 30 days of the divorce decree.

Instructions for completing the form:
SECTION 1: The annuitant requesting the transfer must complete and sign Section 1.
SECTION 2: The transferee must complete and sign Section II, and the annuitant’s former spouse must countersign it. Alternatively, a letter signed by the former spouse and attached to the application may be used in lieu of a countersignature.
SECTION 3: The transferor completes and signs Section III.
SECTION 4: The transferee completes and signs Section IV.

Form T2220 is available at the following address: https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/t2220.html
Guide T4040 is available at the following address: https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4040.html

We’d like to share an interesting article about dividing RRSPs in the event of a divorce. We invite you to read it by clicking on the following link: https://www.lapresse.ca/affaires/finances-personnelles/201308/14/01-4679828-divorce-comment-partager-lepargne-retraite.php

If you have any questions, you can contact Revenu Québec at 1-800-387-1194.

You may be torn between the following two options: choosing mediation or going to court.

Here is the difference between these two approaches.

People who choose mediation usually have an interest in maintaining a good relationship with one another in the medium and long term. Despite the conflict they are currently experiencing, communication between them is still desirable, and each party is open to compromise.

This is where the mediation process comes into play.

Mediation sessions usually take place with all parties present, along with the mediator, who acts as a neutral and impartial third party. Since mediation is a voluntary process, it is essential that all parties agree to use this option.

In some cases, the urgent need to protect your rights or irreconcilable differences between the parties may lead to the use of legal proceedings. This is commonly referred to as litigation.

In these cases, each party may be represented by their own attorney, and communications are then conducted through them.

Of course, choosing the legal route does not mean that agreements are no longer possible. They will simply be negotiated differently.

In summary, just because you choose one option first does not mean the other will no longer be possible later on.