Amicable Divorce in Quebec: A Notary for a Peaceful Approach
Reach a Divorce Agreement Without a Trial
When a major conflict arises, it can be difficult to know how to resolve it. A confrontation in court isn’t always the best option. Mediation can facilitate discussions, provide new options, and allow you to find a fair solution for everyone. A mediator is neutral and impartial and supervises your discussions in order to identify the needs of each person and reach an agreement that is suitable for all parties concerned.
In the context of a separation or divorce, family mediation makes it possible to resolve all aspects of the separation while respecting the rights of each spouse and those of the children.
Our notaries and legal advisors are there to assist you in the drafting and signing of any agreement resulting from a mediation process.
Ask our notary mediators and arbitrators to find out more about amicable dispute resolution.
Family Mediation
A separation is never easy. Mediation is a process by which an impartial and neutral third party (known as a family mediator) chosen by the parties and without decision-making power intervenes in a family conflict in order to help the parties establish their needs and develop their own solutions.
A notary plays a key role in the process of family mediation by providing insightful information based on family law while maintaining neutrality. Leveraging their expertise, the notary facilitates dialogue and helps the spouses make informed decisions that suit both parties, supporting the overall amicable divorce process.
The objective is to allow separating spouses to resolve their conflicts by reaching a fair and satisfactory agreement as to the effects of the separation. It is a more user-friendly alternative to the traditional legal process and much more economical, both for the dissolution of a marriage and the dissolution of a civil union. It is also used to allow separated or divorced couples to make changes to their agreement or judgment.
Separation Agreement
A separation agreement or draft agreement is the written agreement in which the spouses fully resolve the financial and family consequences of their separation. How will they divide the assets? Who keeps the house? How will they manage parenting time? How much will the alimony be?
This document is also the key document during a joint application for divorce or an application for the probate of a separation agreement.
However, the complexity of legal texts make it challenging to understand the legal framework, especially since a separation doesn’t come with an instruction manual. How can you protect yourself without forgetting anything? Consult our specialized notaries, who will be able to support you in this important stage of family and personal reorganization.
Amicable Divorce in Quebec
When we think of a separation, we generally think of conflictual divorces, trials, delays, and especially lawyer fees. An amicable divorce allows you and your spouse to separate with respect and fairness while protecting your family. The separation agreement or draft agreement resolves all aspects of the divorce:
- Children: sharing of parental time, support obligations, and financial responsibilities;
- Family patrimony: division of property, common debts, cars, furniture, and retirement funds;
- Matrimonial regime: division of the other assets subject to the matrimonial regime, such as bank accounts;
- Obligations of the spouses toward each other: other financial aspects and alimony.
With the help of the notary, the spouses establish the rules for their separation themselves, considering the effects of the separation, the legal framework, and their specific needs. This approach offers an alternative option during difficult times, allowing for a smoother process. The notary then prepares and files their joint application based on a draft agreement with the court. Contact our notary office for more information and to find out the specific terms and conditions.
Estate Mediation
Who hasn’t heard of an estate settlement gone wrong, where members of the same family clashed or found themselves at an impasse, or where the absence of a will or unclear or incomplete wishes left room for interpretation?
For families in conflict following a death, mediation in an estate settlement makes it possible to find an agreement that satisfies everyone so that they can turn the page. Consult our notary mediators and estate specialists to assist you in your process.
Civil and Commercial Arbitration
Arbitration is a method of preventing and resolving disputes. The notary arbitrator, alone or with other arbitrators, hears the side of each party and then renders a final decision that cannot be appealed. The process is private and much faster than going to court, so it is possible to resolve a conflict more easily than waiting for a court settlement.
Some cases can be settled by civil arbitration and others cannot. To find out more about your particular situation, don’t hesitate to contact our notary arbitrators.
To separate with respect, equity and the protection of your family
- The notary, an impartial and neutral legal specialist, intervenes impartially and neutrally with the aim of reaching an agreement satisfactory to all, without escalating the conflicts.
- Our notaries are experts in all aspects of the law related to a separation, whether it concerns a marriage contract, family assets, matrimonial regimes or children and spousal support.
- With a family notary, you are guaranteed not to forget anything. You will be advised on your rights and obligations and be able to benefit from their expertise and experience in developing fair and viable agreements.
- The main advantage of mediation is that it allows the parties to reach an agreement, both for their own benefit and that of their children.
- The mediator does not impose a decision on anyone.
- A mutually satisfactory agreement allows for more cordial ties to be maintained in the future.
- Even though mediation may seem long, it is a quicker procedure for the parties involved than trying to resolve everything on their own, without help, or undertaking a long and costly legal battle in court.
- Yes, we offer a full service and we can present your file in court.
- Yes, we assist couples who are separating, in drafting and signing their separation agreements.
- These include all of your agreements: child custody, division of parental time, division of your assets, the settlement over the family residence, the liquidation of your debts, the decisions regarding your various retirement plans and several other matters.
- Lettre & Brown Inc. specializes in conflict management and alternative conflict resolution.
- We can help restore communication, explore possible solutions and inform everyone of their rights and obligations.
- We can help you reach a satisfying settlement more quickly while protecting as much as possible the quality of your relationship.
Lettre & Brown is Here to Support You
At Lettre & Brown Inc., our team supports you through every key stage of your family’s journey. Whether acting as legal advisors or mediators during a legal separation, assisting with the drafting of a protective mandate, or guiding you through estate planning, we put our expertise in family and estate law to work for you.
Our human, impartial, and meticulous approach aims to offer comprehensive solutions tailored to each family situation, respecting the interests of our clients.
Notaries who offer this 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.