Separation of de facto spouses

Separation of de facto spouses

Preparing your new chapter in life

Separation is a delicate moment in a couple’s life, often fraught with emotions and important decisions. At Avocats de Famille, our mission is to accompany you through this ordeal with empathy and legal expertise. 

 

Our team of lawyers specialized in common-law separation is there to offer you personalized support, ensuring that your rights and interests are protected. 


Whether you’re facing child custody issues, family assets division, child support, or any other legal implications of your de facto separation, we’re here to support you.

CONTACT A LAWYER

Why use a lawyer when separating common-law partners?

When two people decide to end their de facto union, they are faced with a multitude of questions and decisions to make, affecting both the personal and legal aspects of their lives. Calling on the services of a lawyer specializing in the separation of de facto spouses becomes essential for a number of reasons:

 

– Protection of rights and interests: A lawyer will ensure that your rights are respected and that your interests are protected, particularly in matters of child custody, alimony and division of property.

– Precise legal advice: Every situation is unique and requires personalized advice. A lawyer will provide you with clear and precise information, tailored to your case.

– Facilitating the process: Legal procedures can be complex and overwhelming. A lawyer will simplify the process, helping you to understand the steps to follow and to implement them effectively.

– Negotiation and mediation: The lawyer can act as a mediator between the parties, facilitating discussions and helping to reach an amicable agreement, thus avoiding a long and costly legal process.

séparation-de-couple-marié

Services covered by our de facto separation assistance

– Initial legal consultation: To understand your unique situation and establish the first steps.

– Agreement drafting: To formalize agreements between the parties, particularly in cases of common-law separation with children.

– Family mediation: To help parties find mutually acceptable solutions without going to court.

– Court representation: If necessary, to defend your rights and interests in more complex cases.

Why choose our common-law divorce lawyers?

Choosing Avocats de Famille means choosing a dedicated team of lawyers with expertise in Quebec family law, particularly in the management of de facto spousal separations. Here’s why we’re the preferred choice for many people going through this delicate stage:

 

– Specific expertise: Our team has in-depth knowledge of the nuances and specifics of Quebec family law, ensuring that your situation is properly handled.

– Personalized approach: We understand that every separation is unique. That’s why we offer advice and solutions tailored to you and your family’s needs.

– Support and guidance: Beyond the legal aspect, we’re committed to providing emotional and practical support at every stage of your separation, helping you make the best decisions for your future.

– Convincing results: Our goal is to achieve the best possible outcomes for you and your loved ones, whether through mediation or in court, while minimizing the associated stress and costs.

Frequently asked questions about de facto separation in Quebec

Here are answers to the most frequently asked questions about de facto separation in Quebec.

Rights and obligations may vary depending on your specific situation, particularly with regard to child custody and support. 

 

So it’s crucial to consult a lawyer to understand your precise rights and obligations.

Unlike married couples, the division of property for de facto spouses does not automatically follow the rules of family patrimony


It is based on the principle of ownership. However, exceptions do apply, making legal advice essential.

Formalizing a separation agreement is advisable to clarify child custody, support and property division arrangements, and to avoid future misunderstandings or disputes.

In Quebec, spousal support is not applicable to de facto spouses, as it is reserved for married couples. 

 

Alimony can, however, be claimed for the couple’s children.

When common-law spouses separate, it’s crucial to inform the Revenue Agency after a separation of more than 90 days, as this affects income-based benefits and credits. The distribution of shared tax credits and deductions must also be adjusted. 


Property transfers between spouses may have capital gains implications, unless exceptions apply. It is advisable to consult a tax expert to manage these aspects.

Yes, in addition to common-law separation, our firm is here to help and accompany you in other aspects of separation such as :

 

– Child custody

– Child support

– Separation of family assets

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At Avocats de Famille, we understand the importance of professional and humane management of your de facto separation.

 

Our team is ready to support you every step of the way, offering personalized legal advice and quality legal representation. Together, we’ll work to secure your future and that of your family, minimizing the impact of this transition on your life.


Contact us today to take charge of your common-law separation in the best possible way.