You are going through a divorce. We are here to support and guide you through this important stage of your life.
In some situations, separation is the only acceptable solution. Everyone has the right to decide with whom they share their life. While a breakup can occur without formalities, it involves important decisions. In the case of divorce, it is essential to take control of the situation as early as possible.
Grounds for Divorce
The Divorce Act, a federal law, defines the grounds for divorce. In most cases, the court recognizes a one-year separation and grants the divorce on that basis. In Québec, the competent court is the Québec Superior Court.
The most important issues in a divorce are the accompanying measures, such as child custody, support, and property division.
Child Custody and Parental Authority
Decisions about custody and parental authority must be carefully considered. Will it be shared custody, or exclusive custody with visitation rights for the non-custodial parent? The key criterion is always the best interests of the child.
Custody can be exclusive or shared, with arrangements tailored to each situation. In some cases, a psychological evaluation or a free psychosocial assessment provided by the Superior Court may help determine the best arrangement.
The court can also order supervised visitation when necessary or appoint a lawyer to represent the child. Parents wishing to resolve custody disputes amicably can use free mediation services.
Child Support
In Québec, child support is calculated according to the Child Support Guidelines, applicable to both married and unmarried parents.
The calculation considers both parents’ pre-tax incomes, professional and union dues, the number of children, and custody arrangements. The basic support covers essential needs, with additional costs for childcare, post-secondary education, special expenses (e.g., orthodontics, private school, medical costs).
If the child or one parent lives outside Québec, the Federal Child Support Guidelines apply, which calculate support based on the non-custodial parent’s income.
Spousal Support
The Divorce Act also governs spousal support. The court considers the resources, needs, and overall situation of each spouse, including the duration of cohabitation and roles undertaken during the marriage.
Fault in the marriage is not considered.
Spousal support aims to:
- Address economic advantages or disadvantages resulting from the marriage or its breakdown,
- Share the economic impact of caring for dependent children, in addition to child support,
- Remedy financial difficulties caused by the marriage’s end,
- Promote, as much as possible, the economic independence of each spouse within a reasonable timeframe.
Property Division
Property is divided according to the matrimonial regime chosen (separation of property or community property such as partnership of acquests, the legal regime in Québec) and the family patrimony rules.
Inheritance and gifts are also considered. Your lawyer will assess whether one spouse’s enrichment justifies a compensatory allowance and may consider the possibility of a lump-sum payment.
For more information: Property division in divorce
The Importance of a Lawyer
Divorce involves numerous and sometimes complex legal rules. It is strongly recommended to be supported by an experienced lawyer who can protect your rights and provide effective guidance.
The first step usually involves consulting a lawyer to understand your rights. During this consultation, we listen to your situation, assess your needs, and determine the best options to protect your interests.
For more information, contact Me Christian Dufourd at 514 482-0887.
Amicable Divorce
An amicable divorce is possible and can simplify the resolution of custody, support, and property division matters.