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When a part of your body is causing you pain, you don’t wait a long time to see a doctor! This decision can help you to avoid more problems and prevent it from getting worse. This same principle applies when you have a legal problem that threatens to escalate and result into litigation. Whatever your intentions are, they may not help you improve the situation and you could still end up with a lawsuit on your hands.
Indeed, even the most cautious and diligent of people are not immune from legal action or major disagreement. The important thing is to recognize the urgency of the situation and to consult a lawyer without delay. They are highly-qualified professionals who can resolve your disputes quickly and efficiently. See what one of them can do for you in Blainville.
When you hire a lawyer, you enter into a professional relationship with them. His role, therefore, is to be your legal representative and to assert your interests not only in court, but throughout the process of settling your dispute. Such a great power is obviously framed by law in order to protect you against bad practices and to prevent potential lawsuits against lawyers. Here are the rights and obligations provided by the law.
Caution and diligence. Throughout the resolution of your dispute, the lawyer you hire will be responsible for taking steps and making important decisions on your behalf. This is one of the main reasons why you hire him. However, he will not be able to act as he sees fit without being accountable; lawyers have a duty to act with prudence and diligence by the standards of any responsible lawyer placed in the same circumstances. When this obligation is violated, the lawyer in question will face prosecution which is not favorable to anyone.
Duty of information. No matter the size or importance of the case that you put in the hands of a lawyer, it will evolve according to the responses of the opposing party and the actions of your lawyer. These changes should not be kept secret by your lawyer; he has a duty, once again, to keep you informed of the developments of the case. Note, however, that this is a two-way obligation! If any developments happen at your end, you should also contact your lawyer to inform him. By establishing a clear and simple channel of communication, you will ensure an effective communication.
Confidentiality. You and your lawyer will be exchanging sensitive and confidential information. They must, therefore, be treated as such. Lawyers are particularly bound by professional secrecy with regard to exchanges with a client but their obligation of confidentiality goes beyond this ethical principle. He must remain discreet and ensure an atmosphere of confidentiality at all times.
Loyalty. Lawyers are biased professionals; they are paid to defend your personal interests, not to play arbiter or matchmaker. Thus, they should always put your interests first but also listen to the requests you make.
Although a lawyer has several obligations towards his client, the latter also has a responsibility towards the legal professional he seeks. One of the most important of these is honesty. This is what will ensure an effective resolution of the problem and avoid any possible confusion!
Marriage is an institution that is centuries, if not a few millenniums, old. Its form has varied greatly over time but its form today is a modern union with rights and obligations for both people involved. Quebec civil law as well as Canadian federal law both have provisions classified as public order with regards to marriage. This confers an almost sacrosanct status on marriage and prevents most of these rules from being set aside by any convention.
That’s why you should seek the advice of a lawyer before you getting married. Here are the marriage laws on which a lawyer can advise you before saying “Yes, I do!” “.
The composition of your family patrimony. Very few unmarried people know this: marriage involves the composition of a family patrimony which cannot be changed by a contract. It is made up of four categories of property, namely household furniture, family cars, retirement funds, and the family residence. The added value of all these goods makes up the family patrimony and this is a rule of public order, meaning that no contract can modify it.
Choice of matrimonial regime. If the family patrimony is absolute in terms of both its composition and the applicable rules, the same cannot be said of the matrimonial regime. This entity is in fact made up of assets excluded from the family patrimony which belong to both spouses. They have the choice between 3 plans provided for by law or the possibility of creating one, namely:
Advice on the type of union. Quebec law does not only provide for marriage as a valid and recognized union. In fact, a few years ago, the Quebec legislator created the Civil Union to allow persons ineligible for marriage to unite under less formal circumstances but whose obligations are the same as marriage. Indeed, a Civil Union can be entered into from the age of 18 instead of 16 for marriage but has the advantage of being able to be dissolved before a notary and much more quickly than a marriage.
Formalities of celebration. Marriage is an institution which is separated according to two distinct competencies, namely formation and celebration. Formation is a government requirement which stipulates that a person must be at least 16 years old and be able to freely consent to a union in order to get married. On the other hand, the celebration is a purely provincial competence which governs the rules on the competence of the officiant, the notices to be published, as well as the deadlines to be respected.
Verification of administrative and legal elements. Several administrative procedures surround the marriage. It is, nevertheless, considerable work that must be done before the big day in order for the union to be lawful and unchallengeable.
Are children’s rights affected by the type of union their parents have? No, the Civil Code of Quebec provides that children have the same rights, regardless of whether they are from a marriage, a civil union, or de facto union.
Matrimonial and family law lawyers will be happy to explain to you the intricacies of the institution of marriage, the various matrimonial regimes, as well as family patrimony. This is certainly not a precaution to be overlooked.
For better or for worse, marriages no longer have the same level of commitment that they did long ago. Divorces are indeed very common in Quebec and they, inevitably, require the intervention of a lawyer especially when children are involved. The popularity of divorce makes it an area of law teeming with competent lawyers. For those of you who find yourself facing a divorce situation, here is how a lawyer can help you!
Reconciliation and mediation. As the effect of divorce is to sever the bonds of marriage and dissolve the union, a judge will always check whether there is a possibility of reconciliation between the two spouses. When they go to court and the judge hears of such a possibility, he may even postpone the hearing so that the spouses can try to repair the damage.
When reconciliation fails, there will always be the possibility of initiating family mediation. This initiative no longer aims to save the union but rather to end it amicably by settling the various aspects of the separation without a judge having to decide the debate. This is always recommended when children are at the heart of the separation.
Matters such as custody, the amount of the alimony, visiting rights, and other essential stipulations will be settled during this meeting. The agreement will be submitted to a judge during the divorce settlement. In fact, family lawyers are sometimes qualified to act as a mediator and are able to administer such a session!
Development of the grounds for divorce. In theory, spouses get married for the rest of their lives, come what may. This is why the law requires specific grounds for a divorce to be granted. It will be necessary to prove these when appearing before the judge, otherwise, the divorce judgment cannot be pronounced. In Canada, the accepted grounds for divorce are:
The main reason for divorce used today is that of not living together for 1 year. It requires little effort and it is proven very easily, either by the change of address and, when ambiguous, by testimony.
Submission of a joint application. It is also possible to submit a joint application for divorce in which both spouses agree to end the union. The main purpose of this step is to settle incidental measures out of court to prevent a judge from having to do so and, above all, to avoid the conflict from dragging on. In the absence of a joint request, the parties will have to provide themselves with a lawyer to present their respective arguments on the ancillary measures.
Measures ancillary to divorce. What are the ancillary measures in divorce matters? They include provisions relating to child custody, alimony, modalities for exercising parental authority, alimony between spouses, termination of legacies, the rights of grandparents, etc.
If the couple do not agree on the terms of the ancillary measures, the judge will have the burden of deciding. These judgments seldom make the parties happy as they achieve a compromise that leaves a bitter taste in the mouths of everyone involved.
This is the main benefit of hiring a lawyer! By doing business with an expert in family law, you put all the chances on your side to reach an agreement with your soon-to-be ex-spouse and to submit a joint application. Don’t let the judge dictate the outcome of your divorce!
When it comes to severing the sacred bonds of marriage through divorce, you will have two options- going to divorce court or out of court through an amicable agreement. The first option is the one that could be described as more “traditional” because it is the typical situation of spouses who go to court to obtain custody of the children and half of the property.
On the other hand, amicable divorce is a much less confrontational method as it implies that the spouses agree on the terms of the divorce from “A to Z”. In doing so, there is no need for the spouses to each hire a lawyer to try to win a case in court, and all that remains is to write down the terms of the agreement and submit it to the judge.
What are the advantages of an amicable divorce? Saving time is one of the huge benefits of an amicable divorce. Indeed, traditional divorce involves exhaustive negotiations between the spouses to try to find common ground while respecting each other’s rights. When discord arises, lawyers are forced to spend more time on the case which means additional fees have to be paid.
The savings are also considerable when you opt for an out-of-court divorce over the traditional divorce lawsuit. This is several thousand dollars that you can save by choosing an amicable settlement.
Is it necessary to hire a lawyer to settle a divorce out of court? Although it is possible to represent yourself as with any legal procedure, an amicable divorce still involves respecting the many laws of divorce and preparing a divorce plan before the judge. To ensure a well-prepared, complete, and flawless plan is seen by a judge, it is better to do business with a lawyer in family law to prepare this agreement.
Does an amicable divorce change the laws on divorce? Absolutely not! The terms of the divorce remain the same and the only difference remains that of consent between the spouses on the entire terms of the divorce. Indeed, even the ancillary measures, the terms of child custody, and the applicable alimony must have been agreed upon at the time of filing the application.
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As you know, traditional divorce costs significantly more than an out-of-court divorce, in addition to leaving spouses with bitterness once the process is over. It does not serve anyone’s best interests which is why mediation is all the more relevant in divorce situations.
The first reason to consult a divorce mediator is to prepare a fair and just agreement. Even though the law and the matrimonial regime in place dictate most of the procedures to be followed in settling a divorce, there is still some negotiation to be done, especially in terms of child custody and alimony. As one of very few people with vast experience in handling divorces, a mediator’s knowledge comes in handy during mediation sessions.
The respect for children’s rights is another reason to go for mediation. Although it is the parents who hold control of the divorce application, it is the children who pay a high price, especially when their interests considered secondary. The family mediator will ensure the well-being of your offspring is a priority during discussions.
Another great advantage of family mediation is effective communication. As a divorce is highly emotional, it can become difficult to communicate adequately with your future ex-spouse. The intervention of the third-party mediator will be very welcome in reaching positive results!
Divorce consists in the breaking of the marriage bonds and, consequently, in the dissolution of the matrimonial regimes attached to it. The consequences of divorce, however, are greater than that and have far-reaching financial, family, and estate repercussions.
There is no point in panicking, a family law lawyer will be happy to explain the consequences of your divorce in detail. To give you an idea, here are the main consequences you can expect!
Sharing of the family patrimony: As explained above, marriage generates the creation of a family patrimony made up of four categories of property. In divorce, this heritage is also shared regardless of which spouse actually owned it. It will be necessary to properly calculate the value of this legacy and identify precisely the existing properties to be shared, something your lawyer will do.
Sharing the matrimonial regime: Whether you have opted for partnership of acquests or separation of property, it will inevitably be necessary to share these assets according to the terms stipulated in the marriage contract. It may sound simple, but many people ignore their chosen matrimonial regime until the day they consider a divorce.
Compensatory Benefit: The principle behind the Compensatory Benefit is that it often happens that one spouse contributes to the enrichment of the other through his efforts or services rendered during the marriage. This is particularly the case of a spouse who helps his or her husband to develop a business without receiving a salary. At the time of divorce, that spouse will be entitled to claim compensation in the form of a compensatory allowance from the other.
Alimony: During a divorce, alimony can be paid to the ex-spouse as well as to for the benefit of the children. Who will decide who receives the alimony? Without an agreement between the spouses, it will be the court that will establish the amount and terms of support.
Child custody: Divorce being synonymous with separation, it is therefore necessary to provide for the arrangements for child custody. The spouses are free to agree between themselves on the terms of the agreement and it is only in the event of disagreement that the court will intervene.
Divorce has serious consequences but they don’t have to be negative. The best way to make your divorce easier is to hire an expert like a family lawyer from the very start.
As someone outside of the legal profession and the legal profession as a whole, you probably do not know what the Bar of Québec does. You have a vague idea that this is the Quebec Bar Association and that passing its exam is necessary to obtain the title of lawyer, but beyond that, you do not really know its role. The Bar of Quebec seeks to protect the interests of anyone who seeks legal services, and here’s how!
Protection of the public. The Law Society actively monitors the legal profession in order to protect the public against charlatans. In fact, by monitoring people providing services with the title of lawyer, and by taking complaints against these professionals very seriously, the Bar provides protection for people seeking a lawyer.
Supervision of the profession. To protect the public, the Law Society closely monitors lawyers. This ensures that the profession maintains adequate standards and that it continues to evolve in a way that proactively helps Quebec society.
Application of professional sanctions. By noting misconduct on the part of one of its members, the Bar of Québec has the power to sanction and even to strike off lawyer members. This delisting can be temporary or even permanent when the misconduct is notoriously serious.
Like all professional orders, the Bar is an entity that aims to preserve the quality of legal services offered to the population through a strict monitoring system. If you have any doubts about the services offered by a lawyer or you think you have been the victim of misconduct on the part of a lawyer, do not hesitate to contact the Bar!
In the practice of law, professionals often distinguish between specialist lawyers and generalists. While the former concentrate in a few areas of law only to offer in-depth expertise, the latter prefer to work in several areas of law at the same time. The complexity of the situation is obviously what will dictate what type of lawyer you have.
Business: Large companies, SMEs, managers and business people in general can all benefit from the services of a business lawyer! Business lawyers are competent to carry out all legal procedures relating to the operation and establishment of a business. These services include the incorporation, drafting of a shareholders agreement, commercial litigation, as well as disputes between shareholders.
Real estate: Disputes between owners are commonplace in Quebec. It is a complex relationship between these two people that is always difficult to manage when litigation emerges. Whether you are on the landlord or tenant side, a real estate lawyer can always help you assert your rights!
Contracts: Contracts are a part of everyday life that most people enter into them without even realizing it. The simple purchase of a bottle of water at the convenience store forms a consumer contract in just a few seconds. For larger contracts, unintended consequences may arise.
This is particularly the case when the contractual counterpart refuses to honor its commitments. In such circumstances, you will therefore need to hire a lawyer to force the execution of the contract!
Liability: The law imposes a duty of care on all citizens towards their counterparts, whether they are in a contractual relationship or not. This is referred to as third party liability and is intended to compensate people who are victims of third party negligence. This legal remedy requires proof of fault, which is not easy without the assistance of a lawyer.
Criminal and Penal: It only takes one misbehavior in the wrong place at the wrong time for a criminal charge to fall on your head. Of all the people who commit crimes on a daily basis without getting caught, you had to be the one who got caught with your hand in the bag. Whether you admit your guilt or not, you need the help of a lawyer as soon as possible to avoid a disproportionate sentence or unfair process.
The Courts of Justice are very busy places in the Quebec judicial branch. The number of people seeking justice is high and that is why you need a real reason to be able to access the courts. This reason is qualified in law as “interest in bringing legal proceedings”. This interest must have four characteristics for a judge to agree to hear your lawsuit, namely:
Legal: The interest raised must be legal. This means that your case must raise a question of law and not just a question of morality or ethics. So your family bickering may be very sad and frustrating, but unless it raises a legal point, it cannot be heard.
Personal: You must be concerned with the case you are bringing to court. The injustice of another person’s situation does not concern you within the meaning of the law; you are acting for yourself only. The only exception to this principle is when the violation concerns a public policy rule.
Born: For an interest to be “born”, it must exist and have arisen at the time the dispute is brought to court. You cannot sue for future or imagined harm.
Current: In addition to bringing together the three characteristics mentioned above, the litigation submitted must also be contemporary and still be relevant to be heard when it is brought to court.
Are you unsure whether your case is admissible in court and that you have sufficient legal interest to take legal action? Blainville lawyers will determine the quality of your interest without any problem!
To guide you in your search for a lawyer who meets your expectations at all levels, we suggest that you follow our advice and ask your lawyer questions before signing an agreement with him!
What are your alternative options for resolving your dispute?
A trial is long and expensive! This is why you will always want to consider your alternative options and consider the possibilities of settling your case in a private way, without the intervention of public justice.
What are the specific laws that apply to your case?
There is the common law and then there are the specific laws. These can make some remedies very difficult, if not almost impossible to win. By asking your lawyer which regime applies to your situation, you will get a good idea of your chances of winning.
Are there ways that you can assist your lawyer?
Lawyers must perform several checks to settle your case, especially in terms of evidentiary documents, invoices, statements, etc. By offering to help him, you will save him time and, because time is money, you will save a few extra pennies!
How is his legal expertise useful for your case?
Since not all lawyers are created equal and don’t have the same skills, questioning the lawyer you are thinking of hiring about what makes them the ultimate expert will definitely serve your interests.
In Blainville, lawyers are among the most qualified in Quebec to offer you quality legal services and settle your dispute efficiently and at a lower cost. You just have to contact them and their expertise can be at your service.
How do you go about contacting the lawyers in Blainville? You just need to fill out the online request form on this page to get connected with 3 of the best lawyers in our network.
Our service is completely free, does not commit you to anything, and ensures a quick resolution of your legal problem! Don’t hesitate and contact us for help in finding the best lawyer in Blainville.
Simply fill out this form and a reputable lawyer in your area will contact you as soon as possible.
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