Category: Family patrimony / assets

Step-parenting and blended families are common in today’s society. However, in Quebec civil law, the notion of in loco parentis is not yet recognized in the applicable family law legislation.

The short answer to the question is “no.” To understand why work instruments are protected in the event of a divorce or separation, you need to know if you have a marriage contract. If you do not, then you will need to understand the notion of partnership of acquests and what it consists of.

If you would like to file for divorce in Quebec and you are a part of an Indigenous community, there are certain laws and regulations that apply. The federal Divorce Act is applicable to all provinces and territories of Canada, both on and off reserve.

Going through a divorce is never easy, especially when children are involved. Unfortunately, it has become more frequent to see one parent try to alienate the other parent from their children.

New Measure Allowing a Parent to Request Physical or Psychological Health Services for Their Child Without The Other Parent’s Consent in Situations of Domestic Violence, Spousal abuse or Sexual Abuse.

A court order that has been rendered in family court can be modified under certain circumstances. In Quebec, as in other jurisdictions, there are legal requirements and necessary proceedings in order to successfully modify a court order.

We often remind our clients going through divorce with children that even after divorce they will remain co-parents forever.

There are several legal consequences to getting married. That being said, living together for several years does not have any of the legal consequences of marriage. The notion of common-law partners in Quebec does not exist, except for the purpose of filing your income taxes jointly if you are living under the same roof.

In Quebec, family patrimony is a direct consequence of marriage and applies to all persons legally married in the province, regardless of the matrimonial regime spouses may have opted for. Spouses cannot renounce in advance to their right to the equal partition of the property comprising the family patrimony.

Cryptocurrency, such as Bitcoin and Dogecoin, to name a few, are forms of non-tangible, virtual currency. In Canada, virtual currency is not considered a legal tender, but is classified as property.This leads to a novel question with respect to division of property in family law – how is cryptocurrency partitioned under Quebec’s default legal matrimonial regime of partnership of acquests (i.e. in the absence of a marriage contract)?

The family patrimony framework under the Civil Code of Quebec was designed to protect financially vulnerable spouses following the dissolution or breakdown of a marriage.

Partition of the Family Patrimony: in the event of a separation, divorce, dissolution or nullity of a marriage. Pursuant art 414 of the Quebec Civil Code, “marriage entails the establishment of a family patrimony”.