Common Law Partners

Common law partners are subjected to the same Québec laws and regulations that apply to married couples when it comes to issues involving children. As for “spousal” support and division of property, it is quite a different story.

As a Montréal lawyer with extensive experience in family law, I understand that what my clients go through in their personal lives is very difficult. I am here to make things a little easier on them and alleviate some of the stress they may be suffering from so that they can move on with their lives.

Family Law in Montréal: Common Law Partners

The decision to end a relationship is a serious one – and it’s one that has far-reaching consequences if you don’t have someone watching out for you during the process. I practice family law in Montréal because I am interested in helping people get through legal difficulties that cause them significant emotional trauma; I believe that no one should suffer needlessly, and it’s my mission to ensure that you and your children are treated fairly, in court and out.

I often work with common law partners who are seeking a fair solution for child custody and access rights. In addition, I help common law partners with issues related to:

  • Parental authority
  • Child support
  • Disputes related to the family residence
  • Partition of assets
  • Preparation of agreements
  • Homologation of agreements

It’s important that you work with a family law lawyer who understands what you are going through and can share his experiences from working within the Montréal court system. Working with a lawyer who cares can make a significant difference in the outcome of your case.

Child Custody and Access Rights

If you and your soon-to-be ex have agreed on a fair child custody agreement, it’s essential that you get it in writing and preferably validated by the court. Many couples discover that verbal agreements don’t last long, which is unfortunate but true. A verbal agreement is very difficult to prove in court, so if you or your ex disagree about the terms, you may be in store for a long legal battle.

Many couples have a difficult time coming up with a fair and reasonable child custody agreement. While this is completely understandable, it’s not what’s best for the children. As an experienced Montréal lawyer, I can help you come up with a custody agreement that works for your whole family and ensure that we take the proper steps to make it legally binding for all parties. In the unfortunate event that court intervention is necessary to issue a fair ruling, I will fight for your rights and be supportive.

Parental Authority

Perhaps your ex has challenged your rights of parental authority, or maybe you don’t trust your ex with your children. Some common law partners choose to challenge parental authority during the course of a split, and if it has happened to you, you know that it can be traumatic.

I can assist you on either side of the dispute: whether you believe your ex is an unfit parent or your ex has accused you of not caring for your children properly, I will be there to fight for your rights and ensure that your children’s needs are put first.

Child Support

If you have children, each parent is obligated to provide financial support for them under Canadian and Québec law. It’s best to consult with a lawyer to help determine whether you will receive it or if you must pay. Your lawyer can help you file the appropriate paperwork so that your child’s rights to the money they are entitled to can be ordered by the court.

Disputes Related to the Family Residence

Unfortunately, common law partners do not have an automatic right to the division of property when the relationship ends. This often results in disputes about who owns what and who has the right to stay in the family residence. As family law lawyer in Montréal, I understand that this can be a touchy subject. I can also help you negotiate an appropriate agreement with your former partner and fight for your rights in court if necessary.

Partition of Assets

Again, common law partners do not have the same rights as married couples when it comes to dividing their assets. Many people choose to leave the relationship with the property they brought into the relationship, but sometimes disputes arise over property that was accumulated during the relationship. I have extensive experience in negotiations and understand the importance of prioritizing your needs as you divide property during the dissolution of a relationship, so I can make sure that your rights are protected.

Preparation of Agreements

As with anything you want to be legally binding, it’s generally a good idea to have a family law lawyer prepare any agreements you make with your ex-partner. Whether you are making agreements about payments, the division of your property or the eventual sale of your family home (or anything else, for that matter), I can help you create documents that are designed to provide you with the legal protection you deserve.

Homologation of Agreements

Homologation is the process of confirming an agreement by a court of law. If you have reached an agreement or obtained a judgment outside of Québec, I can help ensure that it is honored here in Montréal. Whether you have been granted a divorce or have been awarded support, or you have been the recipient of an arbitration award somewhere other than in Québec, I can help ensure that it is validated and confirmed.

A Montréal Lawyer Who Cares About Common Law Partners

Whether you are separating from your longtime common law spouse or you are trying to hash out a custody disagreement, I pledge to treat you with the dignity and respect you deserve. I will use my extensive experience and education to your benefit and protect your rights to the fullest extent allowable under Canadian and Québec law.

Call me at (514) 381-3064, EXT 204, and we can confidentially discuss your case. Together, we will formulate a strategy that helps you move forward with your life.