Contrary to popular belief, the role of a family law attorney goes beyond representing clients in contested disputes before courts. Indeed, the scope of their role is much broader.
A family law attorney serves as your primary advisor. They can inform you about your rights, offer recommendations on appropriate attitudes, actions, and steps to take. They can help you prevent conflicts, attempt amicable resolutions to disputes, assist you in negotiation processes, and, if necessary, represent your interests and assert your rights in court.
A family law practitioner possesses in-depth knowledge and practical experience that enables them to guide you through various stages of life. They can inform and support you regarding the impacts and consequences of significant decisions that could have personal and financial implications.
For example, while marriage often signifies eternal love, it's essential to understand that marriage carries numerous legal implications. A family law attorney can explain concepts like family patrimony and its financial implications—even before marriage. They can advise you on choosing a matrimonial regime, which defines the legal rules for property that typically falls outside of family patrimony or rules governing property relationships between future spouses and third parties. Therefore, understanding your rights, obligations, and the consequences of your choices is crucial even before getting married.
If you choose not to marry, what are your rights? Beware of the common belief that living together for a year or more results in being considered a married couple. Legally, this is not the case.
Every child has the right to protection, security, and the care their parents can provide. They are rights-bearing individuals, and decisions affecting them should prioritize their best interests and respect their rights. When a family breaks apart, decisions regarding child custody must be made. What criteria should be considered? What will be the access arrangements for the other parent? What role will they have in decisions concerning your child? A family law attorney can answer these questions and guide you towards reasonable solutions in the best interests of your child. The same holds true if you wish to adopt a child or establish parentage through paternity/maternity testing.
In Quebec, both parents are obligated to provide for their child's needs, including financial support. This is often referred to as "child support." But how is child support calculated? Does it cover all expenses? Can it be revised? When does child support end? These are questions a family law attorney can address. They can also calculate the child support amount and explain the various factors that could impact its variation.
Are you entitled to spousal support? Did you contribute to your spouse's wealth accumulation, and if so, can you seek compensation?
Beyond dividing family patrimony, specific rules are in place to protect the marital home for married couples. For common-law partners, many questions can arise when assets are held in joint ownership, especially property.
To understand the rules that apply to your situation, consult a family law attorney. If necessary, your attorney can also collaborate with other professionals, such as psychologists, social workers, accountants, tax specialists, appraisers, actuaries, etc., to ensure your needs are comprehensively addressed and your claims are well-supported and solidly presented.
In addition to their specific legal knowledge regarding the end of relationships and the protection of children's rights, a family law attorney can guide you through the post-separation stages of the judicial process—whether your case is contested or not—until a judgment is obtained that determines your future family situation.
However, above all, the attorney will strive to advise you and explore alternative conflict resolution methods with you, such as mediation, negotiation, collaborative law, and amicable settlement conferences.
