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Learn about Article 1974.1 of the Quebec Civil Code, which allows victims of domestic violence, including psychological abuse, to terminate their lease without requiring a police report. Understand the process, required documentation, and responsibilities for both tenants and landlords in ensuring safety and fairness during lease termination.

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Domestic Violence & Lease Termination Support | Spunt Carin

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Understand Article 1974.1 of the Quebec Civil Code, empowering victims of domestic violence to terminate leases safely. Learn about expanded protections and key legal cases.

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Will my work instrument have to be sold after my divorce?

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Will my work instrument have to be sold after my divorce?

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This blog addresses the classification of work instruments in divorce and separation cases in Quebec. It explains that, under the partnership of acquests regime, work instruments are generally considered private property and not subject to partition. Key legal criteria and examples are discussed, highlighting the importance of the instrument's use in the profession by separation lawyers. For expert guidance on these matters, our divorce lawyers Montreal and separation lawyers are here to help.

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Safeguarding Work Instruments in Quebec Divorce. Expert insights on protecting assets and rights during divorce proceedings. Read our blog to know more.

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Quebec’s Family Law Reform and Bill 56: What does this mean for unmarried spouses?

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Quebec’s Family Law Reform and Bill 56: What does this mean for unmarried spouses?

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Quebec's Bill 56 introduces protections for de facto spouses with children, including property division through parental union patrimony, but excludes spousal support rights. If you're affected by this new legislation, consult a spousal support lawyer or family law child custody expert at Spunt & Carin. Our experienced family lawyers in Montreal can guide you through these changes.

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Bill 56: Family Law Reform for Unmarried Spouses | Spunt & Carin

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Understand Quebec’s Bill 56: Family law reform for unmarried parents, including a new parental union, property division, and inheritance rights, effective June 2025. Click here to read more.

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Understanding the Hague Service Convention

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Understanding the Hague Service Convention

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The Hague Service Convention simplifies the international delivery of legal documents by standardizing the process across member countries. This treaty ensures efficient and reliable transmission of court summons and other legal papers through designated Central Authorities. For expert guidance on how international family law matters and legal document delivery impact your case, contact our family law firm. Spunt & Carin offers specialized support to navigate these complex processes.

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Understanding the Hague Service Convention | Spunt & Carin

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Learn how the Hague Service Convention standardizes the delivery of legal documents internationally. Spunt & Carin explains its processes, benefits, and importance for efficient cross-border legal communications. Read today!

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Keeping Your Engagement Ring After a Divorce

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Keeping Your Engagement Ring After a Divorce

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Unravel the intricate legal nuances surrounding engagement rings in divorce with our insightful exploration. From understanding their sentimental value to navigating their division under Quebec's family patrimony and matrimonial regime, our blog offers some clarity. Discover expert perspectives from our seasoned divorce attorneys and separation lawyers, providing guidance through this delicate aspect of marital separation. Read the full blog for in-depth insights.

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Divorce can be a challenging and emotionally taxing experience, especially when it comes to the division of assets. Among the many items to consider, the fate of the engagement ring often holds significant sentimental and financial value.

An engagement ring symbolizes a promise of marriage and is typically given in anticipation of that union. Traditionally, a ring is considered a gift from one partner to another in contemplation of marriage. However, in the event of a divorce, its status as a gift can blur, leading to disputes over ownership.

In Quebec, family patrimony and matrimonial regime are two distinct legal concepts that govern property rights and division within marriages or common-law partnerships. Let us break down the rules of separation of property in the event of a divorce.
Matrimonial Regime
The matrimonial regime refers to the legal framework that governs how property is owned and managed within a marriage or civil union. It dictates the ownership and division of property during the relationship and in the event of separation, divorce, or death. In Quebec, spouses can choose their matrimonial regime through a marriage contract (prenuptial agreement) or by default under the legal regime of partnership of acquests (Régime de la société d'acquêts).

The legal regime of partnership of acquests is the default regime unless the spouses have chosen otherwise. Under the partnership of acquests, property acquired during the marriage is considered joint property, with both spouses having equal rights to it. However, property acquired before the marriage, inheritances, and gifts received during the marriage are considered separate property.
Family Patrimony
Family patrimony refers to a specific set of assets and rights that are subject to special rules regarding division upon the breakdown of a marriage or civil union in Quebec. It aims to protect the economic interests of both spouses, especially those who may have devoted their time to domestic tasks rather than paid employment.

Family patrimony includes the family residence (principal residence where the family resides), household furnishings, vehicles used for family purposes, and certain pension benefits accrued during the marriage.

Unlike the matrimonial regime, family patrimony is a mandatory regime imposed by law and applies regardless of the matrimonial regime chosen by the spouses. Upon the dissolution of the marriage or civil union, the family patrimony is divided equally between the spouses, regardless of ownership or contribution, subject to certain exceptions and considerations.
Where does your engagement ring fit in all of this?
Usually, due to the nature of the gift of an engagement ring, it is considered a personal gift, and therefore remains in the possession of the person who received it as a gift. Engagement rings are considered personal property of the spouse who received the ring, and they are entitled to keep it.

It's essential to note that the treatment of engagement rings in divorce or separation can also depend on various factors, including the circumstances of their acquisition, and any agreements between the spouses, also if it is a family heirloom, or from an inheritance.

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Engagement Rings and Asset Division After Divorce in Quebec

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Delve into the legal intricacies of asset division in Quebec divorces, specifically focusing on the fate of engagement rings. Uncover how these legal frameworks influence ownership and division, offering clarity amid emotional turmoil.

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Embark on the journey of changing your name or your child’s name in Quebec with confidence. Our blog outlines the steps and considerations involved, whether through the courts or administrative processes overseen by the Directeur de l’état civil. Discover expert guidance from our family lawyers in Montreal to navigate this legal transition smoothly and effectively. Read the full blog to navigate the process of changing your name in Quebec

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The Name Change Process in Quebec | Spunt & Carin

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Changing your name in Quebec involves understanding the legal processes and requirements. This guide covers who can apply, the steps involved, and how to navigate both judicial and administrative name changes smoothly.

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Modification to the Divorce Act: A 3-Year Update on the Family Violence Provisions

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Modification to the Divorce Act: A 3-Year Update on the Family Violence Provisions

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Learn about the latest amendments to the Divorce Act in Quebec and their impact on family law proceedings in our recent blog. We delve into how family violence is now a crucial factor considered by courts in assessing the best interests of the child, shedding light on recent judgments and challenges faced in enforcing these changes. Stay informed with insights from top divorce lawyers at Spunt & Carin, guiding you through the complexities of family law.

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It has been approximately three years since the first amendments to the divorce act came into force in Quebec, prior to this the last changes were twenty years ago. Among other things, the impact of family violence was added to the list of factors that must be considered by the courts when assessing the best interests of a child. The previous version of the Divorce Act made no mention of domestic violence or family violence in general. This change was significant, particularly considering the presence of such situations in households and the recognition of the psychological impact that violence has on children.

Family violence can take many forms like physical or psychological and can cause significant harm to both victims and witnesses. Thus, the definition added to section 2(1) of the Divorce act includes not only violent acts, but also the child's exposure to such acts. "Family violence" implies conduct that is violent or is threatening or forms a pattern of coercive and controlling behavior or causes a family member to fear for their safety or the safety of another individual.

Next, pursuant to Section 16 of the Divorce Act, entitled "Best Interests of the Child," paragraph j) has been incorporated under the "Factors to be considered" heading, addressing family violence and its influence on court-ordered parenting time arrangements. Additionally, within Section 16, a new heading titled "Factors relating to family violence" has been introduced to provide clarity regarding the aforementioned Section 16(3) j).

It is evident that numerous judges have engaged with the recent amendments to the Divorce Act. However, the enforceability of these changes presents a distinct challenge. In its 2022 Barendregt v. Grebliunas decision, the Supreme Court of Canada underscored the inherent difficulty in substantiating domestic violence allegations and stated that "because family violence may be a reason for the relocation and given the grave implications that any form of family violence poses for the positive development of children, this is an important factor in mobility cases."

This observation finds resonance in recent family court proceedings in Quebec. While many judges have acknowledged the alleged occurrence of family violence, they have refrained from solely relying on this factor to justify a modification in parenting time, commonly referred to as custody.

Nevertheless, as highlighted by the Supreme Court in Barendregt v. Grebliunas, the presence of family violence appears to carry greater significance in decisions concerning the relocation of a parent with the child than in routine parenting time cases.

It remains to be seen whether judges will increasingly consider these provisions in their rulings on parenting time arrangements. However, at present, the alterations appear to not have been as substantive as they should be.

Barendregt v. Grebliunas, 2022 SCC 22, par. 144.

Barendregt v. Grebliunas, 2022 SCC 22, par. 147.

Droit de la famille - 231499, 2023 QCCS 3310.

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Modification to the Divorce Act: A 3-Year Update on the Family Violence Provisions - Spunt & Carin

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It has been approximately three years since the first amendments to the divorce act came into force in Quebec, prior to this the last changes were twenty years ago. Among other things, the impact of family violence was added to the list of factors that must be considered by the courts when assessing the best interests of a child.

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The Spunt & Carin team raises money for ASTT(e)Q, supporting Montreal's trans community. Through her personal connection and professional expertise, Me Claire Lawrence champions inclusivity and works tirelessly to ensure that all voices are heard and respected. Read about Me Claire Lawrence's connection to this meaningful cause. At Spunt & Carin, we're more than just family lawyers; we advocate for change and compassion.

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On Friday, March 1st the Spunt & Carin team fundraised for Action Santé Travesti(e)s et Transexuel(le)s du Québec [ASTT(e)Q]. In exchange for donating as part of our Spunt & Carin Gives Back our team wore jeans for the day. This was Me Claire Lawrence's chosen cause. With each chosen charity, there's an opportunity for our team to learn more about the work and objective of each organization.

The ASTT(e)Q is an organization who assists the trans community in Montreal. Founded in 1989 , their objective is to support the medical and social needs of trans adults and youth in the greater Montreal area. Me Lawrence came to know of this organization during her time in law school. She became a part a community of students who gave legal information to members of the trans community, giving them guidance on the legal process that would assist in their transition, legally changing their name for example.

Here is the link if you would like to donate to the ASTT(e)Q: https://cactusmontreal.org/en/donate/

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Spunt & Carin team fundraises for ASTT(e)Q, supporting Montreal's trans community. Read about Me Claire Lawrence's personal connection to this meaningful cause.

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Separation Support & Guidance with Trusted Family Lawyers Near Montreal

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Separation Support & Guidance with Trusted Family Lawyers Near Montreal

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Our trusted family lawyers, offer compassionate support and expert guidance during challenging times. At Spunt & Carin, we understand the complexities of separation and are dedicated to helping you navigate the legal process with our separation attorneys near Montreal.

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We have a brilliant team that has been under the guidance of Me Spunt and Me Carin, who share the same passion of the practice and the understanding of the vulnerability of our clients, who are seeking our assistance at one of the most challenging times in their lives.

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Separation Lawyers in Montreal | Spunt & Carin

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Seeking separation from your spouse? Trust Spunt & Carin's separation lawyers in Montreal for expert guidance. Contact us today and protect your rights and future with our legal guidance.

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At Spunt & Carin, our family mediation lawyers offer compassionate and effective resolution strategies to families facing conflicts or disputes. With a focus on collaboration and communication, our experienced family mediation lawyers work closely with clients to facilitate constructive dialogue and reach mutually beneficial agreements. As dedicated family lawyers, we understand the complexities and sensitivities involved in family matters and strive to provide a supportive and non-adversarial environment for mediation sessions.

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Family mediation can be an attractive choice to people going through a separation, with or without children. Mediation is an alternative mode of conflict resolution whereby an impartial mediator meets with both parties to facilitate the amicable discussion and negotiation of a fair agreement that both parties are comfortable with.

Although highly encouraged in many cases, the process is completely voluntary and can only be conducted with the consent of both parties. Family mediation often helps reduce conflict and costs in the case involving separation, divorce, parenting time or support payments.

Once an agreement is reached, your mediator will prepare a summary of the agreement reached and then if the parties choose to do so, the summary will be legalized through the signature of a Consent to Judgment that is then homologated by the Superior Court.

At Spunt & Carin, our family mediator, Me Rebecca Etingin, is also a family law attorney, and it would be her privilege to accompany you through the process from start (mediation phase) all the way through to finish line (finalizing the process through the Quebec Superior court), as efficiently and as smoothly as possible.

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Home/Services/Family Mediation Family mediation Family Mediation Family mediation can be an attractive choice to people going through a separation, with or without children. Mediation is an alternative mode of conflict resolution whereby an impartial mediator meets with both parties to facilitate the amicable discussion and negotiation of a fair agreement that both parties are comfortable ...

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When a Child is a Beneficiary of a Trust Fund

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When a Child is a Beneficiary of a Trust Fund

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In 'When a Child is a Beneficiary of a Trust Fund,' the dedicated team at Spunt & Carin offers insightful guidance. Trust us to safeguard your child's financial future with precision and care. As best family lawyers in Montreal, they ensure that trust fund arrangements align with your family's unique needs, providing peace of mind for generations to come. Secure your child's financial well-being with the trusted legal counsel of Spunt & Carin.

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A trust is used to transfer assets to another person (art. 1260 C.c.Q.). There are many categories of trusts including inter vivos trusts (including family trusts) and testamentary trusts (following a death). In Quebec, there are three parties involved when a trust is created. Firstly, the settlor is the person who creates the trust, and they are usually not one of the beneficiaries. The settlor must dispose of property first and transfer it to a trust patrimony, separate from their own. The person or people entrusted with administering the property is named the trustee(s). They decide how it will be distributed amongst the beneficiaries in accordance with the terms of the trust document. The trustee ensures strict compliance with the provisions of the trust deed that protect the rights of the beneficiaries (art. 1278 C.c.Q.). In Quebec, the trustee cannot claim ownership of the property unless another person has been named independent trustee who is neither a settlor nor a beneficiary. The last party involved is the beneficiary. In the case of a family trust, it is often the members of the family who will be entitled to receive any income or capital held in trust.

Family trust can be used to generate wealth within the family. It will allow you to determine who will be able to receive the money, as well as what it should be used for. For example, grandparents can leave a certain amount of money in trust to fund university education for their grandchildren. A trust fund is established so that the child has a source of income needed to survive, in the event that their parents are not around to provide for them. This will prevent children from spending their inheritance in other ways, which is why wealthier individuals prefer to plan their estate with a family trust. This fund is also protected from creditors and therefore, cannot be seized as a result of bankruptcy. However, large amounts of money held in trust are taxed at the highest marginal rate.

The first step to creating a family trust is to draft the trust agreement with a notary or estate lawyer. The agreement or trust deed determines its intention and names the beneficiaries and trustees. The assets that can be included in a family trust include real property, vehicles, precious metals, artwork, bank accounts, shares, etc. The preamble of a trust deed is important because it demonstrates the intent of the parties at the time the trust was created. The trust deed will also include the age at which the child-beneficiary could claim the trust fund. This is normally an age where the child is financially responsible enough to spend the money on any medical or educational needs.

In Droit de la famille - 092188, amongst a divorce, parents disagreed on the payment of their children's school fees culminating in an application by their father to have such fees paid out of trust accounts administered by their mother. This family trust was established by the children's paternal grandfather by notarial Deed providing that it is for the benefit of the father and is to be administered by the father and his brother. The father of the children submits that the purpose of the trust is to provide for the children's private schooling, while the mother contends that the funds were destined to cover the children's university education. The mother then sought to get the Court to authorize that both parents be authorized to jointly manage the children's trust account. When parents do not agree, the Court can intervene and make a decision in the best interest of the children.

Furthermore, if you are worried that your children will no longer receive the funds entrusted to them by their grandparents, the assets held in trust are protected. The Civil Code of Quebec states that the settlor, the beneficiaries or any other interested person may, notwithstanding any stipulation to the contrary, take action against the trustee to compel him to perform his obligations or to perform any act which is necessary in the interest of the trust, to enjoin him to abstain from any action harmful to the trust or to have him removed (art. 1290, al.1 C.c.Q.). He may also attack any acts performed by the trustee in fraud of the trust partimony or the rights of the beneficiary (art. 1290, al.2 C.c.Q.). The grounds for this recourse must be serious and not constitute a mere apprehension. Therefore, in order to protect your rights to a trust as a beneficiary, there is a possibility for recourse.

Family trusts are an interesting option for people wishing to set aside assets for their family members, particularly for the future of their children. However, its complexity requires professional advice from a lawyer and/or notary.

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When a Child is a Beneficiary of a Trust Fund

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A trust is used to transfer assets to another person (art. 1260 C.c.Q.). There are many categories of trusts including inter vivos trusts (including family trusts) and testamentary trusts (following a death).

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Navigating the complexities of divorce and separation can be emotionally challenging, especially when children are involved. In Quebec, family law places paramount importance on the well-being of children and the a Child’s Wish during these transitions. Discover how child support in Quebec is governed by laws that prioritize the best interests of the child and how our family attorney in Montreal can help you navigate the legal aspects of divorce while safeguarding your child's best interests. From ensuring their physical and emotional needs are met to considering factors like age and personality, the Quebec legal system strives to create a stable environment for children post-divorce.

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Children are often at the heart of disputes with respect to a divorce or separation in the case their parents were never married, custody and parental authority among other parental conflicts. A child can express their preferences and opinions with respect to the post-separation/divorce situation of their parents and it is the Court's role to make sure that any decision affecting the child is taken in consideration of their best interest in family law matters.

In Quebec, every decision made by the parents and the judge shall be taken in the best interest of the child and with respect to their rights (art. 33, al.1 C.c.Q.). In addition to the moral, intellectual, emotional and physical needs of the child, consideration is also given to the child's age, health, personality and family environment, and to all other aspects of the situation (art. 33, al.2 C.c.Q.). These decisions would include their education, their medical needs, their supervision, and their parenting time schedule. Furthermore, depriving a child of their rights provided for by law is contrary to their best interest ( Droit de la famille - 1914).

The main objective is to ensure that the child is protected and taken care of. As a child grows older, the judge may consider their opinion as well. The judge can decide that a child's attorney should be appointed, in order to give the child an opportunity to express their concerns and wishes as stated in article 34 of the Civil Code of Quebec. Appointing representation for the child should avoid testifying at trial. They have the right to be heard if their age and power of discernment permit.

Additionally, the judge can request a psychosocial evaluation of the parents' emotional, psychological and mental stability by a professional. In this case, a social worker or psychologist will assess the parents' capacity to care for the child and encourage their development as a parent ( Young c. Young). The evaluation done by the professional will be taken into consideration by the judge when rendering a decision with respect to the couple's child(ren); however, the judge is not bound by the conclusions of the expertise.

There are certain factors that affect whether or not a child's wish can affect the decision-making process. The significance of the child's preferences would greatly depend on the age of the child. As a minor, the child's wish is not given much weight and the parents essentially decide for them. Between 8 and 11 years old, the child's wish is carefully considered. At 12 years and older, at the age of adolescence, the child's wish plays a more significant role in the decision-making process, however, only if the child's wish is in line with their best interest. A judge may appoint a child attorney to make sure their rights and interests are well-represented. For example, the child may decide they want to live with one parent and not the other, they may decide that they want to spend equal time with both parents, etc.

The jurisprudence establishes that a child's wish may be determinant when establishing parenting time, even more so if the child is 12 years of age or older. However, the Court is not bound by it and may also consider other criteria. The Court of Appeal in the decision, Droit de la famille - 142142, speaks to this point and highlights that while it is true that the courts generally give significant, even decisive, weight to the wishes expressed by a child aged twelve and over with respect to parenting time, this is not the case when other factors strongly indicate that it is not in the child's best interests to follow through on his or her wishes.

As the situation evolves, the decisions rendered can be revisited in the future as the child grows older. Other than the age of the child, another factor to be considered is the reason for their opinion. A child's opinion can be affected by their heightened emotions during a difficult time in their life or even the influence of one parent on their decision. For instance, in the event of a contentious divorce, one parent may try to convince the child to stay with them and avoid communication with the other parent. Parents should avoid alienating behaviour at all costs, as it causes irreparable harm to the child to involve them in conflict. The alienating parent could try to manipulate the young child by making promises to them, showering them with gifts, taking them on vacation, while criticizing the other parent. This type of behaviour should be brought to the attention of a judge when decisions are made with respect to parenting time.

At the end of the day, any decision made by a parent, teacher or judge with respect to a child should be made in the best interest of the child and each child has the right to be heard as accounted for in Quebec legislation and jurisprudence. To learn more, do not hesitate to consult with a family lawyer.

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Children are often at the heart of disputes with respect to a divorce or separation in the case their parents were never married, custody and parental authority among other parental conflicts.

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Common causes of divorce around the world

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Common causes of divorce around the world

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Divorce is a complex and deeply personal decision that individuals may face around the world. In this blog post, "Common Causes of Divorce Around the World," it delve into the various factors that can contribute to the dissolution of marriages. Drawing on the expertise of divorce lawyers near you in Montreal, it discusses common reasons such as communication breakdown, infidelity, financial issues, and differences in values or priorities. Contact Spunt & Carin today to connect with a knowledgeable family attorney in Montreal and receive personalized legal support for your specific situation.

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Divorce is a life altering event that can be challenging to comprehend. There are many misconceptions and ideologies surrounding the reasons that lead people to end their marriages. In reality, the reasons for marital dissolution are as complex as the human relationships they affect.

Dennis R Vetrano, a prominent American divorce lawyer from New York, recently gained viral attention when he shared his insights on the number one cause of divorce in his practice. The attorney went viral on TikTok when he revealed that women's fatigue is a common theme he noticed. In his opinion, it is the leading cause of divorce in the United States. This video is getting a lot of attention with many women commenting on his post with their personal stories, revealing the truth behind his statement. According to a 2016 study conducted by the University of Michigan, husbands contribute approximately seven extra hours of household chores per week to their wives' responsibilities. The overwhelming burden of these additional tasks often contributes to women's fatigue, which could lead to divorce.

In Canada, a Bank of Montreal poll conducted in 2014 revealed that money issues rank as the primary cause of relationship breakdowns leading to divorce or separation. Disagreements when it comes to financial goals, spendings and savings can cause a lot of stress and place significant strain on a marriage.

In France, infidelity stands out as the leading cause of divorce and separation, according to a study conducted by law firms L&A and JPT. The emotional betrayal and breach of trust resulting from extramarital affairs are often very hard to look past and cause couples to end their marriage.

In the United Kingdom, unreasonable behavior ranks as the number one reason for divorce. Unreasonable behavior refers to a spouse's actions that make it intolerable for their partner to continue living with them. This broad category encompasses a range of different issues such as abuse, substance problems or even neglect.

Read more at:
https://www.journaldemontreal.com/2023/05/23/voici-la-premiere-cause-de-divorce-selon-un-avocat-americain https://www.ctvnews.ca/business/money-tops-infidelity-among-reasons-for-couple-conflicts-poll-1.1682192?cache= https://www.femina.fr/article/voici-la-premiere-cause-de-divorce-en-france-elle-est-invoquee-dans-un-tiers-des-cas https://www.standard.co.uk/news/uk/most-divorces-london-uk-census-data-b1062398.html https://www.hattonslaw.com/unreasonable-behaviour-divorce-examples/#:~:text=In%20Divorce%20matters%2C%20unreasonable%20behaviour,expected%20to%20live%20with%20them

https://www.cabinets-lumbroso-djebrouni-avocats.com/2018/07/25/les-causes-les-plus-frequentes-du-divorce-en-france/

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Common causes of divorce around the world | Spunt & Carin

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Detect the common causes that lead people to end their marriages & gain insights into the complexities of human relationships. Click to learn more about the varied reasons behind divorce worldwide.

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Modifying a Court Order that was Rendered in Family Court after Trial

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Modifying a Court Order that was Rendered in Family Court after Trial

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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. This process allows parties to request changes to the court order based on certain circumstances that have occurred since the trial. Click here to learn about best family lawyers in montreal and the legal steps, & potential outcomes after the trial.

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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.

A court order may need to be modified for a variety of reasons. Often a change in the parties' circumstances, whether it is one or both, will lead to the modification of a court order. A change in the child's life since the judgment was rendered could also modify support payments. The change must be significant in order for it to lead to a modification of a court order.

A change in a party's financial situation is another reason why a change would be considered necessary. Furthermore, if there was a mistake in the original court order, it can also be modified or rectified. For example, there could have been a mistake in the original calculation of support payments.

Another example of a change in circumstances would be if the custody arrangements are modified. This could lead to either an increase or decrease in the amount of child support you are receiving or paying, depending on the situation. Also, if the child has finished school and is working, their support payments will often be modified as well.

It is important to note that you cannot decide on your own to stop or reduce support payments. You must follow the necessary procedure to modify the judgment. If you were to stop or reduced your payments you would be in breach of a court order.

In general, you will go to the Superior Court to change child support or spousal support payments and ask the judge to make the modifications. It is important to note that the Youth Division of the Court handles child custody but not support.

You can represent yourself or have a lawyer represent you in court. However, if you have the financial means, it is highly recommended to have a lawyer represent your interests and draft the necessary proceedings.

There are certain situations where you can modify support payments without going to court, for example mediation. If you are able to reach an agreement through mediation, the mediator will draft the necessary documents. If you are able to agree on everything, you do not need to go to court. However, it is possible that you only agree on some points and in that case will not need to address those points in court.

Furthermore, Homologation Assistance Service (HAS) makes it possible to modify support payments for a fixed fee. You can use this service even if you are not considered to be eligible for legal aid because it is open to everyone. In order to benefit from this, you must simply make an appointment with a legal aid office.

Service administrative de rajustement des pensions alimentaires pour enfants (SARPA) is another service that can be used so that you do not need to go to court. You are only required to pay a fee of $50 and will then be able to modify your support payment. Even if you do not completely agree with the other parent, it is sometimes still possible to use this service to change your payment. However, there are some situations where the parents must agree.

The process for modifying a court order that was rendered in family court in Quebec after a trial will often require advice from a family lawyer. Most importantly, the best interest of a child must always be considered when a modification affects them in any way.
https://www.quebec.ca/en/family-and-support-for-individuals/separation-divorce/supportandcustody
https://www.revenuquebec.ca/en/support-payments/life-events/there-is-a-change-in-child-custody/
https://www.revenuquebec.ca/en/support-payments/life-events/change-in-your-financial-situation/
https://educaloi.qc.ca/en/capsules/family-mediation/
https://educaloi.qc.ca/en/legal-news/changing-child-custody-or-child-support-payments-at-little-cost/
https://educaloi.qc.ca/en/capsules/changing-child-support-using-the-sarpa-service/
https://educaloi.qc.ca/en/capsules/changing-child-support-payments/
https://educaloi.qc.ca/en/publications/changing-divorce-judgment/

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Modifying a Court Order After Trial | Spunt & Carin

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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. A court order may need to be modified for a variety of reasons.

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Top Picks for domestic violence in Montreal - Find the Best Legal Representation Today!

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Top Picks for domestic violence in Montreal - Find the Best Legal Representation Today!

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With years of experience in family law, Spunt & Carin, a team of domestic violence lawyers in Montreal can provide you with the personalized attention and effective solutions you need to achieve a favorable outcome.

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Quebec's family law reform continues to be increasingly progressive and addresses important issues with respect to gender identity and sexual misconduct. This reform has garnered a significant amount of attention because of its major changes and its focus on advocacy. It is aimed at making family law more inclusive and equitable.

Bill 2 allows Quebecers who identify as non-binary to choose 'X' as their sex designation on birth certificates and identification documents. Further, they will be permitted to be referred to as 'parent' on their child's birth certificate instead of 'mother' or 'father'. If a person chooses to be identified as male, female, or non-binary, it will be recognized by the government.

This is a significant step forward for human rights for the LGBTQ+ community and their advocacy groups. This bill achieves the goal of everyone's respective fundamental right to choose their own gender. The current system is prejudicial towards people who do not conform to male or female.

The bill was adopted at the National Assembly in June 2022 and is a major step in the ongoing reform of the family law system. The bill amends the Civil Code's existing articles on the subject.

On the other hand, Bill 12, which was recently introduced, focuses on the complex issue of rape and paternity. Currently, if a child is born as a result of rape, the biological father will be recognized as the father of the child. The rapist will therefore be allowed legal rights over the child. This is preposterous and traumatic situation for the mother. If the child gets adopted, rapists will not be permitted to demand a paternity test.

Bill 12 protects not only the victims of rape but also their children. The current system is harmful to victims and this reform to put an end to what otherwise could be a living nightmare.

The law will allow the victim to make their own choices regarding their rapist's involvement with the child and whether or not they will be permitted to have parental responsibilities.

The introduction of Bills 2 and 12 have sparked much discussion about the current state of the law and the changes that need to continue to be made. They represent a promising future for Quebec's family law regarding inclusivity and justice as well as protecting the rights of all Quebecers.
https://montrealgazette.com/news/local-news/bill-2-quebec-adopts-family-law-reform https://montreal.ctvnews.ca/quebec-s-bill-2-without-surrogate-mothers-opposition-blames-jolin-barrette-1.5930621 https://montreal.ctvnews.ca/quebec-adopts-sweeping-family-law-reform-with-changes-for-non-binary-people-kids-rights-1.5937106 https://montreal.citynews.ca/2023/02/23/bill-12-quebec-continues-its-reform-of-family-law/ https://www.cbc.ca/news/canada/montreal/quebec-bill-12-sexual-assault-1.6758532

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Quebec's family law reform continues to be increasingly progressive and addresses important issues with respect to gender identity and sexual misconduct. This reform has garnered a significant amount of attention because of its major changes and its focus on advocacy. It is aimed at making family law more inclusive and equitable.

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International Family Lawyers in Montreal | Spunt & Carin

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International Family Lawyers in Montreal | Spunt & Carin

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Our Montreal-based International family lawyers specialize in handling international divorce, child custody, and child/spousal support cases. We are a trusted family law firm and offer personalized services to assist you in achieving your objectives. Reach out to our team of family lawyers in Montreal to schedule a consultation.

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International Family Law

In present times, it is very common now for families to move around, either between provinces or out of the country all together. We represent clients where one spouse has already moved, either out of province, or out of the country, or both spouses returning to the same province and many other scenarios.

If you were married outside of the province of Quebec or out of the country, and now have been residing in Quebec for at least one year, we can represent you for your divorce, separation or any other legal matters you may be dealing with.

We also service clients oversees who are seeking to obtain either child support and/or spousal support, if the children and or other spouse resides in Quebec. If the children reside in Quebec and the spouse who you are claiming support from resides in Quebec, the proceedings will be instituted in Quebec.

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International Family Lawyers in Montreal | Spunt & Carin

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In present times, it is very common now for families to move around, either between provinces or out of the country all together. We represent clients where one spouse has already moved, either out of province, or out of the country, or both spouses returning to the same province and many other scenarios.

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Civil Liability Lawyers In Montreal | Spunt & Carin

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Civil Liability Lawyers In Montreal | Spunt & Carin

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Spunt & Carin is recognized as a leading family law firm in Montreal. Contact our civil liability lawyers to file or defend property matters, family matters, recovery matters, employment matters and any other matters falling under civil law. Get in touch for more infomation.

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We have a brilliant team that has been under the guidance of Me Spunt and Me Carin, who share the same passion of the practice and the understanding of the vulnerability of our clients, who are seeking our assistance at one of the most challenging times in their lives.

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Civil Liability Lawyers in Montreal | Spunt & Carin

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We have a brilliant team that has been under the guidance of Me Spunt and Me Carin, who share the same passion of the practice and the understanding of the vulnerability of our clients, who are seeking our assistance at one of the most challenging times in their lives.

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Hire Child Support Lawyers in Montreal | Spunt & Carin

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Hire Child Support Lawyers in Montreal | Spunt & Carin

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Child support is meant to help with the living expenses of a child or children. This usually includes school supplies, personal care, food, diapers, and clothing. Our child support lawyers in Montreal help in determining the amount of support payable by each parent according to the federal guidelines. Contact Spunt & Carin to learn how our team of experienced family law lawyers can ensure the best possible support arrangement for your children.

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In Quebec and the rest of Canada, whether separated, divorced, divorcing, or never married, both parents have an obligation to provide financial support to their children. The parent who should receive the child support cannot renounce to it as the rules of child support are of public order. There are specific federal and provincial guidelines in place which determine the amount of support payable based on factors such as each parents' respective income, the custody arrangement, and where the payor lives.

In certain circumstances, it can be more challenging to pinpoint the exact amount that one parent will have to pay to the other, for example, due to fluctuating, seasonal income, undeclared income, and incorporated sheltered income. For that, we have different strategies and tools to determine the most accurate child support that reflects the parents' respective incomes. Child support deals with how, and in what proportion, each parent will make a contribution. The payments must be made as long as the child is a dependent of the marriage and does not automatically stop when he/she turns 18 years old.

Child support payments in Quebecare intended to cover a child's day-to-day needs, such as food, housing, clothing, and personal hygiene. According to Quebec Child Support rules, child support payments are not tax-deductible for the payor or taxable for the payee.
Quebec rules: if both parents live in Quebec
When both parents live in Quebec, child support payments are determined using the Quebec model for the determination of child support payments, which sets the basic amount payable. That being said, the parents can agree to a higher amount. In order to determine the amount of child support, the calculation takes both parents' income and the number of children into account. Under Quebec law, parents have to complete the Child Support Determination Form (also called Schedule I) to calculate the basic amount of child support payments. Child support payments increase on January 1 of each year, based on the percentage increase in the annual indexation.

Also, to be certain that the child support payment continues to reflect each parent's financial situation, the parents are expected to exchange information about their income once a year in order to recalculate and or modify based on changes and/or fluctuation of income. Under section 17 of the Divorce Act, parties can request a modification of child support or cancellation if there is a change of circumstance that has arisen since a judgment was rendered in their file. For example, if one of them lost their job, has new employment, is on disability, etc.
Federal rules: in a case of divorce where one of the parents does not live in Quebec
In a case of divorce where one of the parents does not live in Quebec, parents need to use the tables published by the federal government to determine the basic amount of child support payments, known as the Federal Child Support Guidelines. The amount of child support is determined on the basis of the number of children, the province or territory where the paying parent lives, and the paying parent's gross annual income.
Special Expenses
Special expenses are paid in proportion of the parents' respective income, whether applying the federal or provincial table for the calculation of child support, i.e. if parent 1 earns $50,000 and parent 2 earns $70,000, parent 1 will pay 42% of special expenses and parent 2 will pay 58% of special expenses. Special expenses are expenses such as private school, swimming lessons, cheerleading, ski lessons, karate, etc.

Before registering for an activity, each parent is to consult with the other in order to obtain the other parent's consent. If one parent refuses to pay and the other enrolls the child nonetheless, the enrolling parent would then be expected to cover 100% of the cost. Parents should try to maintain the same activities that existed prior to the separation and should not unreasonably withhold consent.

At Sheri M. Spunt Avocats, our experienced family lawyers will help you prepare all the necessary forms and documentation. We will take care of all of the calculations and modifications for support payments.

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Child Support Lawyers in Montreal | Spunt & Carin

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In Quebec and the rest of Canada, whether separated, divorced, divorcing, or never married, both parents have an obligation to provide financial support to their children. The parent who should receive the child support cannot renounce to it as the rules of child support are of public order.

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Ladies, Gentlemen, And Gentlethems: A Discussion On Pronouns

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Ladies, Gentlemen, And Gentlethems: A Discussion On Pronouns

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Let’s start the discussion on gender identity. Implementing gender-neutral language in your vocabulary is one way to make people more comfortable. Learn more about "Pronouns" in this article. Spunt & Carin – Speak to the best family lawyers in Montreal for all family law matters. Divorce, separation, child support and much more.

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Whether you've seen "she/her" in someone's bio or read about misgendering online, the conversation about pronouns is everywhere these days. You may have been asked before to state which pronouns you use. While some might be confused by the question, others are thankful, because whether your pronouns are they/them, he/him, she/her, or anything else, we all deserve to be addressed properly. Today, we can use a variety of pronouns until we find the combination that feels right for our gender identity, instead of merely having to fit into two boxes, and the options are ever growing. As Montreal scholar and activist Florence Ashley writes, "people don't always use the pronouns commonly associated with their gender identity, so it's better not to assume! If you don't know what pronouns a person uses, it's best to ask. It's a question of respect."

p. 17, Bongiovanni and Jimerson, A Quick & Easy Guide to They/Them Pronouns, (linked below)
Pronouns are words that substitute nouns, and personal pronouns are a part of speech that represent a person or a group of people. You cannot assume someone's pronouns, regardless of their name or appearance. Cisgender people - those whose gender identity matches their sex assigned at birth - need to be especially understanding with respect to the importance of pronouns. Note that gender and sex are not the same thing. Sex is commonly understood as biological, and gender is not, although even this distinction can be blurry.

One way to be respectful to different gender identities is to work on replacing gendered pronouns with gender-neutral ones when referring to someone who has not stated their pronouns. For example, if your child invites a friend over and tells you their name is Jordan, you could respond with "I'm excited to meet them". By using "them," you did not assume your child's friend's gender and you showed your child an example of compassionate language choices.

They/them are commonly used gender-neutral pronouns, however there are several others. In fact, neopronouns (new pronouns), while they may seem rare, are used by some, and include ze/hir ("it is hir hat") or xe/xem ("I went to the store with xem"). In 2018, the Oxford English Dictionary added "ze" as a neopronoun and in 2019 "hir" and "zir" were added. However, gender-neutral pronouns as a concept are not new, with "thon," derived from "that one," dating back to 1858. Note that this article does not provide an exhaustive list of pronouns.

Some people may mix pronouns that we think of as being gender-neutral with those that we think of as being traditionally gendered such as "they/she." There are many creative ways for people to feel affirmed in their gender identity and even if we don't always understand, the important thing is to be respectful and open. Moreover, some people do not identify with personal pronouns at all and would prefer if we simply used their names.

While there are many reasons why a person chooses to use gender-neutral pronouns, no one ever owes an explanation. Respecting someone's pronouns is a form of human decency. In fact, misgendering can be an extremely triggering and hurtful experience for people of all genders. Using the wrong pronouns for someone can send the message that you do not care about them or who they are, or that their identity is unimportant or invisible.

So, how do we make sure to respect other's pronouns? The best way - especially if you are cisgender - is to get in the habit of introducing yourself with your pronouns anytime you are introducing yourself when you meet new people, and asking the same of others, even if you think you already know their answers. It's as simple as "Hi, my name is Chris, my pronouns are he/him, I'm a lawyer at Spunt & Carin. What's your name and pronouns and what do you do?" Don't only ask people what their pronouns are when you think they non-binary (which of course you cannot determine from looking at someone). Make a point of asking everyone and normalizing it.

We all make mistakes, and misgendering is likely inevitable. If it happens, try not to centre yourself in your apology. Instead, simply correct yourself, say sorry, and do not make a big deal out of it. Excessively apologizing is not going to help the situation. The more you practice using gender-neutral language, the fewer mistakes you will make.
Resources:
Rather than addressing people by saying "Hey guys" or "Hey ladies", you can say "Hey everyone" or "Hey folks". In professional settings, people often say, "Hello Sir" and "Hello Ma'am". Instead, you can simply say "Hello". To advocate for inclusivity in your workplace, you should ask people what their pronouns are, ensure there are gender-neutral bathrooms, and kindly correct others when they make mistakes.
How to They/Them: A Visual Guide to Nonbinary Pronouns and the World of Gender Fluidity by Stuart Getty A short article by Dean Spade, trans law professor, on the usefulness and strategy of introducing ourselves with our names and pronouns, or "pronoun go-rounds" They, She, He, Me: Free to Be! By Maya Christina Gonzalez - a board book for ages 6 to 12 which explores pronouns, gender fluidity, identity, and kindness
Coming out as non-binary or genderqueer can be difficult and scary. Implementing gender-neutral language in your vocabulary is one way to make people more comfortable.

A graphic novel by Archie Bongiovanni and Tristan Jimerson depicts a conversation between a non-binary and cisgender person. They explain what pronouns are and how to use them correctly. It is a great resource for learning about gender neutral language and different pronouns: A Quick and Easy Guide to They/Them Pronouns by Archie Bongiovanni and Tristan Jimerson

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Ladies, Gentlemen, And Gentlethems: A Discussion On Pronouns

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Whether you've seen "she/her" in someone's bio or read about misgendering online, the conversation about pronouns is everywhere these days. You may have been asked before to state which pronouns you use. While some might be confused by the question, others are thankful, because whether your pronouns are they/them, he/him, she/her, or anything else, we all deserve to be addressed properly.

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What are the benefits of Hiring Family lawyer?

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What are the benefits of Hiring Family lawyer?

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Family law deals with tricky issues like domestic relations and family issues. A good family law attorney is one who is an experienced professional in handling sensitive cases like child custody, divorce, spousal support, child support, guardianships, etc.

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What are the benefits of Hiring Family lawyer?

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Keira Lewis's answer: Family law deals with tricky issues like domestic relations and family issues. A good family law attorney is one who is an experienced professional in handling sensitive cases like child custody, divorce, spousal support, child support, guardianships, etc. These delicate mat...

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Advantages of Marriage Contracts and Agreements

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Advantages of Marriage Contracts and Agreements

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A marriage contract is often a difficult document to write, as no one enters a marriage with the intention of it ending in a divorce, however it is always a good idea to draw up a marraige contract regardless. If you decide to sign a marriage contract before marriage, the contract must be notarized in order to be valid. Our experienced and passionate team of family lawyers provide consultations for marriage contracts in Quebec. For more information on this subject, check out our website today.

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In Quebec, if you do not have a marriage contract, the default regime is called Partnership of Acquests, which means that all income earned during your marriage will be equally divided in the event of divorce. However, you do have the option to opt for the separation as to property regime, which protects you if you have your own business, investments, are an entrepreneur or intend on becoming one.

A marriage contract is a difficult decision to make, as no one gets married with the intention of get divorced, however it is always a good option.

If you decide to sign a marriage contract before you get married, it must be notarized in order to be valid. This contract can be as detailed or general as you and your partner wish. If it is general, it will ensure that all property that is not included in the family patrimony (Family residence, Furniture, RRSP, Private Pension Plans, Quebec Pension Plan, owned cars) are not subject to being divided or shared and remain with the rightful owner. Therefore, if you have started a company since you were married, or owned a business before marriage, any form of wealth accumulated before marriage or after marriage, those assets and liabilities will remain yours, if you opt for a marriage contract to shelter those assets from being divided/shared in the event of a separation or divorce. The same goes for your bank accounts, saving and checking accounts, investment portfolios, debts - these would all be sheltered as a result of a marriage contract.

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In Quebec, if you do not have a marriage contract, the default regime is called Partnership of Acquests, which means that all income earned during your marriage will be equally divided in the event of divorce .

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Family Law Firm in Montreal | Spunt & Carin

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Family Law Firm in Montreal | Spunt & Carin

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Spunt & Carin is a leading Montreal's Family Law Firm provides expert legal advice for divorce, separation, child support. Call 438-383-5458 to book a consultation today!

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We have a brilliant team that has been under the guidance of Me Spunt and Me Carin, who share the same passion of the practice and the understanding of the vulnerability of our clients, who are seeking our assistance at one of the most challenging times in their lives.

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#1 Family Law Firm in Montreal | Spunt & Carin

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We have a brilliant team that has been under the guidance of Me Spunt and Me Carin, who share the same passion of the practice and the understanding of the vulnerability of our clients, who are seeking our assistance at one of the most challenging times in their lives.

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Elder Law Montreal Lawyers in Canada | Spunt & Carin

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Elder Law Montreal Lawyers in Canada | Spunt & Carin

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If you're a senior citizen living in Montreal, we are here to ensure that your rights are protected while living in an old age home or in assisted living. Get in touch with our Experienced Lawyers.

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We are here to ensure that your rights are protected and respected, whether you or a loved one is living in a senior's residence or in assisted living. We are also available to consult with respect to mandates in anticipation of incapacity. In addition, we can advocate for you in any disputes with health care professionals, landlords, or any third parties.

It is important that you stand up for what is right and for your safety and security and that of your loved ones. If, for example, there is an issue where you are living and you have tried to address it in person or by sending an email and the situation was not rectified or remedied, we will prepare a mise en demeure/demand letter for you in order to try to resolve the matter as quickly and efficiently as possible. In the event that someone has failed to act despite being put in default, we will then take the next appropriate course of action to ensure that your rights are respected and that their obligations are being fulfilled.

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Elder Law Montreal Lawyers in Canada | Spunt & Carin

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We are here to ensure that your rights are protected and respected, whether you or a loved one is living in a senior's residence or in assisted living. We are also available to consult with respect to mandates in anticipation of incapacity.