Joint Divorce

Once a couple has come to an agreement on the basic terms of their divorce, either through mediation or otherwise, it's time to begin the Joint Divorce Motion (AKA “the divorce papers”). At this stage, I look at the provisions of the agreement and make sure that all of the legal aspects have been addressed.

These can include:

• Custody
• Child support
• Division of assets (property, RRSP, QPP, private pension plans)
• Spousal support payment

I then prepare all the necessary paperwork, including:

• Joint Motion of Divorce
• Draft project of a Divorce Judgement, to be signed by the Judge
• Drafting what we call a Consent to Judgement on Accessory Measures
• Detailed affidavits (which keep the parties involved from having to come to Court)
• List of exhibits
• Attestation of the Registration of Birth
• Child Support Determination Forms, which calculate any child support amounts

All of these documents are signed before a Commissioner for Oaths and filed in the Court's records.

Once all the documents are with the Court, I do any follow-ups that may be requested by the Special Clerk. I'm also the one who receives the Judgement of Divorce after it's signed by a Superior Court Judge, and ultimately, the Certificate of Divorce (usually approximately 5 weeks following the Judgement of Divorce).

Having a professional manage all of the above means a more efficient divorce procedure without the emotional and financial stresses related to Court appearances. Couples can feel confident that every detail is taken care of without compromising the interests or rights of either party.

If you require more information about Joint Divorce Motions, please contact me.

Family Mediation

Family mediation is a powerful tool in assisting couples to agree on the legal terms of their separation/divorce. As a neutral and impartial facilitator, I provide a safe environment in which my clients can settle the parameters pertaining to the division of their assets, as well as to assist in determining any amounts payable in child/spousal support.

Here are some of the issues that can be addressed in mediation:

• Child custody and access rights
• Spousal and child support payments
• Partition of Family Patrimony and/or shared assets

Did you know that the Quebec government covers 5 hours of mediation services by an accredited mediator, for both legally married and common-law spouses? For more information, or to book a session, contact me.

Other Available Services

As a family lawyer, my responsibility is to assist couples with all legal aspects of their separation/divorce.
Along with mediation, my services also include the following:

Pre-divorce/separation consultations, during which I answer the most common questions that couples considering separation may have, including:

• How will the assets be divided?
• What constitutes the Family Patrimony?
• What are the criteria determining sole custody vs. shared?
• How is child support calculated?
• What are the chances that my spouse is entitled to spousal support?
• What are my options between mediation and litigation?
• What happens if we go to Court, and how long will the process take?

Various legal proceedings, including Divorce Motions and Motion for Custody and Child Support.

These legal proceedings normally include the following steps:

• A meeting with the client to take down all of the facts related to their case.
• Based on extensive notes, I draw up a legal document (AKA as a “Motion”) in which my client's requests are made to the Court, in terms of custody, child support, etc.
• Once the client signs the documents, they are issued by the Court, and given to a bailiff to serve to the other party.
• Taking care of any other documents that may be required to be filed in Court, such as child support determination forms and detailed affidavits with all of the allegations supporting the client's request to the Court.
• Once the Motion is served, we determine whether we begin negotiations between attorneys or go to Court.

Litigation: In those cases where mediation is not possible, the parties go to Court commence what is called litigation. Each party is represented by his/her own attorney.

The steps in litigation include:

• Urgent measures, referred to as safeguard orders: applies when a case is presented with affidavits
• Provisional measures
• Hearing on the merits: we proceed with witnesses, followed by each party's attorney making his/her case based on the evidence presented

Settlement Conferences before the Court:

A very popular approach, settlement conferences allow clients that are represented by their individual attorneys to meet with a Superior Court Judge who will act as a mediator. The goal is to assist the parties in resolving their dispute without having to go to trial. All discussions are confidential, and should there be no settlement, then none of what was discussed can ever be brought up in Court. If the parties come to a solution, the attorneys draw up the agreement, which shall later be ratified by the Court.

Other than your lawyer's fees, settlement conferences are free, making this option an attractive alternative to going to trial, so long as both parties are open to making compromises.

For more information on any of my services, please contact me.