Family law governs legal issues related to family relationships, including marriage, civil unions, divorce, separation, child custody, parenting time, adoption, child and spousal support (alimony), and the division of property. It also addresses the rights and obligations of parents and children, ensuring the protection of children’s best interests and the equitable resolution of family disputes. In Quebec, family law covers both civil unions and marriages, providing legal frameworks for the dissolution of these relationships, and safeguarding the financial and emotional well-being of all parties involved.
Allen Madelin is recognized as one of Montreal’s leading divorce and family law firms. We pride ourselves on providing tailored legal services that cater to our clients’ unique needs, whether navigating the complexities of divorce, securing fair parenting arrangements, or handling issues such as alimony and property division. Our firm is committed to offering compassionate and expert guidance to help clients achieve resolutions that respect their rights and the well-being of their families.
Adoption is a complex process that often requires the help of a lawyer. It is important to differentiate between international adoption and Quebec adoption. During the adoption process, the court's main objective is to evaluate and support the best interests, safety and well-being of the children. Once a judgment has been obtained, the adoptive parents will have the same rights and obligations as the biological parents. They will also be able to request a change of name for the child as part of the adoption order.
If you have questions about adoption in Quebec or abroad, including foster care, our lawyers can help. Contact us for an initial consultation.
If you're looking for a divorce lawyer in Montreal, our firm can help. Our experienced lawyers offer personalized services to guide you through the divorce process.
During your initial consultation, our divorce lawyer will listen to your situation and evaluate the best legal options available to you. We'll explain the divorce process and discuss important issues specific to your situation, such as parenting time, child support and joint property.
Our lawyers will help you through this process and explain all the steps involved in bringing the proceedings to a successful conclusion.
Please consult this list of documents required for divorce proceedings (for each spouse) and then contact us for a consultation.
Separation vs Divorce: The Differences
Separation and divorce are two terms often confused, but they have distinct meanings. Separation is the decision by one or both spouses to end their life together. It can apply to married or civil union couples, as well as to de facto spouses.
Divorce, on the other hand, applies exclusively to married couples and represents the legal end of the marriage.
Separation Before Divorce
For married couples, separation may precede divorce. One of the spouses may file for divorce after a period of separation of at least one year. During this period, separation from bed and board or separation as to property may be effected.
Legal Separation
It's not necessary to go to court to settle the legal issues of a separation. Both common-law and married spouses can sign an amicable separation agreement or use mediation services to facilitate the drafting of such an agreement.
A cohabitation contract is created by two people living together in a de facto union. A cohabitation contract can also be signed to define the obligations of the spouses for the duration of their cohabitation, as well as the terms of their separation.
If the separation is amicable, it is possible to have the agreement approved by the courts.
The Help of a Separation Lawyer
If there are disputes between the spouses concerning the separation, a lawyer may be needed to help resolve the issues. Our lawyers can help find solutions to issues such as parenting time, alimony, occupancy of the family residence, and the division of joint assets and debts.
Contact us to arrange for an initial consultation.
Parenting time and visitation rights are often sensitive issues. If you are going through a divorce or separation and have questions about parenting time or access to your children, our legal team can advise and assist you.
Parental time is one of the most important issues in divorce or separation proceedings. Our attorneys can help you reach an amicable settlement of access disputes between parents. However, if an agreement cannot be reached, our team can also help you pursue legal recourse.
When determining parenting time, a judge will consider several factors to determine the best interests of the child. These factors include the child's need for stability, which parent has a stronger bond with the child, the moral values transmitted to the child, the availability of each parent, the stability of each parent's situation, the commitment to the child's education and development, and the physical and mental capacity of the parents.
Contact us to arrange for an initial consultation with our team.
Do grandparents have rights? Yes, of course they do.
In the eyes of the law, grandparents have rights and duties towards their grandchildren. If you have been denied access to your grandchildren, it's important to discuss your options with a professional.
Conversely, if you're a parent who doesn't want your children to see their grandparents, it's important to know the limits to grandparents' rights.
To protect your rights, our lawyers can initiate a negotiation or mediation process to find a mutually satisfactory solution. If no settlement is reached, we can help you file a legal claim for access or visitation rights with the court. The court will consider the best interests of the grandchildren when determining access arrangements for the grandparents.
Contact us to arrange an initial consultation with our legal team.
In the event of divorce or separation, the court may order child support as well as spousal support.
Child support is the amount of money that one parent is obliged to pay to the other following a separation or divorce.
Spousal support, also known as alimony, is financial assistance paid by one spouse to the other following separation or divorce.
If you have any questions about alimony, whether it's about the possible amount to claim, a modification or how to terminate alimony, you can contact our lawyers for more information.
Do you live outside Quebec and have questions about Quebec family law? Do you need a lawyer for an international divorce or have questions about it?
International family law is a distinct and specialized field of law that deals with family disputes with an international aspect. For example, a couple who married abroad and now live in Quebec wish to divorce. An estranged couple, one of whom lives in Quebec and the other outside the country, wants access to their children.
Our lawyers are experienced in international family law. They will be delighted to assist you in all your legal needs. Contact us to arrange an initial consultation.