Family and couple
To get along well!
Congratulations, you are getting married! You are looking for a heart-warming ceremony which reflects your image and, whether at our offices or one of your favorite places, we look forward to sharing this cherished moment of your life and formalizing your union.
Before the big day, it is recommended to consult a notary to fully understand the legal impacts of marriage. We can guide you in the choice of your matrimonial regime on the basis of your family, professional and economic priorities. Whatever matrimonial regime you choose, it is important to list your respective personal assets accumulated prior to the marriage, in either a marriage contract or a notarized balance sheet, in order to document their value.
We can assist with the drafting of the patrimonial inventory. This document, when notarized, is kept safe and confidential. We strongly recommend it as it can be very useful in the case of a separation or death. Make your life easier and let us help you keep your patrimonial inventory up-to-date.
Common-law partner’s cohabitation agreement
Did you know that in Quebec, the Civil Code does not provide any protection in the case of a common-law separation? In this regard, a written cohabitation agreement between common-law partners can be very useful. In this document, common-law partners agree in advance how to divide their property upon break-up or even determine the conditions of alimony and / or child support. With a cohabitation agreement, you can benefit from mutual protections, similar or identical in nature to the ones granted by law to married couples. As and when your needs change, this document can always be cancelled or modified by mutual consent.
You have made the decision to separate and wish to settle the arrangement of your breakup in a cooperative and transparent manner despite the conflicts existing between both of you?
You should know that BSR Notaires inc. provides family mediation services.
Family mediation is the process in which a mediator (an unbiased, neutral third-party with no decisioning authority) intervenes in the conflict to assist both parties in establishing their needs and negotiating on their own the terms of their separation (be it the division of property and debts, the custody of the children, the alimony or any other aspect related to the separation). The mediator, selected by common accord, ensures that nothing is forgotten and that each of the parties makes sound decisions based on their rights and obligations, all with the aim of reaching a mutually-satisfactory agreement.
Mediation is also relevant in family conflicts such as estate settlements. To learn more about the family mediation program of the Ministère de la Justice and the number of free hours to which you are entitled, contact us or visit the following website: https://www.justice.gouv.qc.ca/en/couples-and-families/separation-and-divorce/family-mediation-negotiating-a-fair-agreement/duration-and-cost-of-mediation/
In addition to our family mediation service, we can also assist you as necessary with the sale or refinancing of your residence or to update your wills or protection mandates.
Divorce by agreement: the notary is the agreement specialist!
At BSR Notaires inc, we can assist you with the drafting and signing of your breakup agreement (called « draft agreement »). If you are looking to have a comprehensive, fair and sustainable agreement, we can help you to ensure that nothing is forgotten and that each party knows its rights and obligations.
In case of a breakup, the stakes are very important. We have the experience and professional qualifications required to assist you in your discussions and setting expectations regarding financial and family issues.
The separation contract (separation agreement in a de facto or common-law union) covers everything to which you have agreed, including: how to divide your property (movable and immovable property), how to divide debts and who assumes any indebtedness, the custody of the children, alimony, and all other issues related to the breakup.
Joint Request for Divorce
You have both agreed on the terms and conditions of your breakup and are ready to file your application for divorce at the Court. In this case, we can represent you in this process. We can also provide guidance and assistance should you wish to prepare and present it yourself to the Court.
In each of these cases, we represent both parties.
Declaration of family residence
The declaration of family residence must be made by one of the spouses and needs to be filed with Quebec’s land register in order to take effect. Once registered, your spouse will be unable to take certain actions involving the family residence without your consent, as stipulated in the Québec Civil Code:
« 405 C.c.Q. Neither spouse, if the owner of an immovable with five dwellings or more that is used in whole or in part as the family residence may, without the written consent of the other, alienate the immovable or lease that part of it reserved for the use of the family. »