Couples and family
Clear and defined roles and agreements allow for a better living arrangement or separation agreement
Whether you choose to marry or live as common-law spouses, the key to success is a well-defined life-time project. We will accompany you in planning your common-law agreement or wedding according to your wishes. We will help you choose the right matrimonial regime. As professionals and experts in the field of family law, we will be there to help you make the best choices to your particular situation.
Should life lead you and your partner on different paths, we will help you avoid the pitfalls and reach an agreement that is faire for everyone in order obtain an amicable separation or divorce. Our notaries specialized in family mediation are trained to facilitate negotiations between the spouses at the time of the separation and will help restore the communication between you if the separation has rendered it non-existent. You will be able to come to an agreement that is fair for both of you in a spirit of collaboration rather than confrontation.
Our notaries specialized and certified in family mediation are experts in all legal aspects of a separation, be it in a marriage contract, family patrimony, matrimonial regime, common-law agreements or child and spousal support.
COMMON-LAW PARTNERSHIP AND CONTRACTS
No matter how long you have lived together, the common-law partner has no legal protection in case of a separation or the death of a partner. There is no family patrimony, no matrimonial regime, no spousal support between common law-partners. How can you protect each other?
A common-law partnership contract is a signed document whereby partners living together without being married agree on certain aspects in case of a separation. It generally lists the provisions for an equitable cohabitation and provides for the division of property and debts in the event of a separation. This agreement, tailored specifically for each couple, can be more or less elaborate, according to the couple’s particular situation. It can be modified at any time by agreement between the parties. It could even be annulled if it is no longer relevant.
WEDDING CELEBRATION
We are known for our wedding celebrations tailored to your specifications and choices. A wedding celebration by a notary has many advantages: you can choose the place, the date and give your ceremony a personal touch (choice of music, text, vows, etc).
We offer a complete service: legal advice on matrimonial regimes and marriage contracts; we will fill in all the necessary forms for the celebration, the publication of the wedding and the registration at the Directeur de l’État civil.
PARENTAL PROJECTS AND SURROGACY CONTRACTS
Since June 2023, the Quebec legislature has removed the prohibition of surrogacy contracts, and has outlined the rules to proceed with a parental project implicating a surrogate mother. Our notaries are at the forefront of this new legislation, and can assist you with your parental project. Contact one of our experts to know the new rules governing parental projects and surrogacy contracts.
MARRIAGE CONTRACT
The marriage contract allows the future spouses to choose the matrimonial regime that corresponds best to their life plans. It establishes the rules concerning the management of their assets during the marriage, in the event of a separation or the death of a spouse.
Many people mistakenly believe that the partition of the family patrimony settles all the married spouses’ goods. Unfortunately, several assets like non registered investments and bank accounts are not covered in the rules of this partition.
Is it compulsory to sign the marriage contract before the marriage? No, but it is preferable. Without a contract, your matrimonial regime is automatically the Québec legal regime. If you decide to change this regime after the marriage, you must obtain the consent of your spouse (who can refuse) and liquidate the legal regime (which entails added costs and documents). It is much simpler to settle this formality before the wedding.
Receiving sound advice and knowing where to start
Whether you are about to get married or enter in a common-law union, we can help you avoid the downfalls. Our notaries are the professionals best suited to fulfill the roles of celebrant and legal advisor. We are there to:
- Guide you in the preparation of the ceremony,
- Inform you of the legislative provisions regarding your union,
- Inform you of the different matrimonial regimes and whether a marriage contract is best suited to your needs.
Les notaires qui offrent ce service
We are your family notaries. We can help you.
Our services are available in our offices or remotely. Do not hesitate to contact us.