Grandpa and Grandma are the grand parents of Julie and Julia, two little twin girls of 8 years old. The relationship between the twins’ parents and Grandpa and Grandma have been difficult for many years. Despite this, they have always made the effort to get along. Grandpa and Grandma are very involved in their grandchildren’s lives: movie nights, picnics in the living room and long phone calls always await. However, the last argument was very serious, to the point where the twins’ parents have since prevented Grandpa and Grandma to have any contact with them.

Did you know that Grandpa and Grandma can request access rights to their grandchildren? The law states that parents cannot prevent grandchildren from having a relationship with their grandparents, unless there is a serious reason. Grandpa and Grandma can ask a judge to allow them to see the twins as often as they did before the problem arose. Obviously, the purpose of this request for visitation rights will have to be to give the twins an opportunity to get to know their grandparents as well as to maintain and develop a strong bond with them.

As for the parents, they will only be able to oppose to the demand by proving that their decision to prevent contact was justified by a serious reason. An argument between the parents and Grandpa and Grandma is not considered a serious enough reason to prevent access.

If you face such a situation and need further advice, you should consult a lawyer…

Marie had a child with Jonathan. They separated after a few years, and Marie obtained custody of the child. Jonathan, for his part, obtained access rights every other weekend. However, he stopped seeing the child when she turned 8, having moved to Western Canada.

For the little girl’s 12th birthday, Marie decided to take her to Walt Disney, Florida. A month before departure, Marie went to the passport office to apply for a passport for the child. She was asked for the father’s signature and authorization to leave Canada. Marie doesn’t understand, as she has been the sole guardian of the child for the past four years.

Did you know that custody doesn’t give Marie all the rights? Under the Civil Code, both parents have parental authority, which means that both must make major decisions about their child.

If Marie is unable to find Jonathan, she will have to file a motion with the Superior Court to obtain permission to travel alone with her daughter. She will also have to ask the Court for permission to obtain a passport for the child without Jonathan’s signature. Otherwise, Marie will not be able to take her daughter to Walt Disney.

Danny is 30 years old and is an only child. He is a civil engineer and earns a good salary in a reputed engineering firm. His mother Gina, 48 years old, just learned from her doctor that from now on, she will not be able to work because of her physical condition related to her disease, multiple sclerosis. Gina’s husband, John, passed away recently in a car accident. Gina was an agriculturist and had no private insurance.

Gina does not know what to do. She can barely afford to pay her mortgage, house insurance, municipal taxes in addition to her groceries with the little money she and John had set aside.

Did you know that even children can be subjected to the obligation to provide support to their parents? While the parents are usually the ones that have to pay an alimentary pension to their children, this obligation is reciprocal. In some cases, namely due to an illness, a handicap or a disability, children may also be required to pay an alimentary pension to their parents. However, the parents in question must be relatives in the direct line and in the first degree of the children. Therefore, this obligation does not apply between grandparents and grandchildren.

Should his mother Gina request so, Danny could be required to provide support for her. Danny could, however, be dispensed from paying alimony to his mother, at least in part, if he offered her to come live with him. Should you face such a situation and need further advice, you should consult a lawyer.

Maria and John have been in a relationship since 1984. They both work as teachers in a neighbourhood school. They live in a small house that John bought for them. As children of divorcees, they wish to build a future together, but without getting married. Some years later, Maria gives birth to two beautiful children. However, one of the children’s medical condition requires that Maria stay at home.

Although little Tim is a very endearing child, caring for him requires time and money from the couple. Consequently, John, who is the family’s principal source of income, works long hours and even gets a second job to allow the couple to pay for all the expenses related to their home, car and Tim’s treatments. As for Maria, she holds occasional receptionist replacement positions and contributes to the costs by paying the grocery bills.

Unfortunately, over the years, the relationship between Maria and John falls apart. When Tim reaches 23 years of age and appears to be more autonomous, the couple decide to separate. However, since the couple never married – and unless John is generous – Maria will be penalized by this relationship. Did you know that although they have lived together for nearly thirty years and have had children, Maria and John will not be able to benefit from certain protections reserved to married couples?

Indeed, Maria will not be entitled to any share in the family residence since it is owned by John. She will not be able to keep the family car nor any other property that she does not own. Furthermore, she will not be entitled to any spousal support, despite having left the job market to take care of their son Tim over the years. Finally, she will not be entitled to any share in John’s pension fund. In other words, Maria will have to begin her new life by relocating, at her own expense, and by finding a new job to support herself.

It is possible to prevent such a situation with a cohabitation agreement signed at the beginning or at any time during the course of a relationship. Should you need further advice in this matter, you should consult a lawyer.

Liang has been in a relationship with Karen for more than 10 years. Before becoming a couple, they had cherished a long-lasting friendship since the end of their studies. When Liang finally decided to declare his love to Karen 10 years ago, she was, at the time, pregnant with another man’s baby, following a one night stand. Liang has always supported Karen’s choice to bring her pregnancy to term.

At the time of delivery, the couple decided to register the name of Liang on the birth certificate, as the father of the little Jade. Today, the couple care for the happiness and well-being of Jade. Liang is very involved in her life, just as if she were his biological daughter. He assists her in homework, brings her to volleyball practices and tournaments and ensures that she has everything she needs.

Last week, during a walk in her neighborhood park along with Jade, Karen ran into Gustavo, her one night stand romance from whom she had never heard back. Throughout the conversation, Gustavo realized he was the biological father of Jade. Being divorced himself and the father of a little boy, he then asked Karen if he could occasionally make contact with his daughter to reconnect with her. Liang is worried about the return of Gustavo, especially since, although Jade is not his biological offspring, he has developed over the years a strong relationship with her, and has always considered her to be his own daughter.

Did you know that the biological father may not be the “real” or legal father. Liang does not have to worry about the return of Gustavo. Indeed, it is important to understand that in matters of filiation, the interest of the child and the stability of families are given more weight than biology. This is why the law states that no one can challenge the filiation of a child and a parent whose name appears on the birth certificate and who has uninterrupted “possession of status”. In fact, Liang had constant possession of status because he has always acted as Jade’s father, since her birth, that is, for more than nine years, and his friends and family have always considered him as such. Furthermore, his name appears on Jade’s birth certificate. In the end, although he is not Jade’s biological father, the filiation between Liang and Jade will always be considered a father-daughter relationship.

If you face such a situation and need further advice, you should consult a lawyer.

Flora’s grandmother, with whom she was very close, passed away from a generalized cancer. Her grandmother’s will, Flora learns, has appointed her executor of the estate. Flora does not know what the role of an executor or liquidator entails and wonders about the process of estate settlement.

Did you know that the opening of a file on an estate (succession) and its distribution involve multiple steps provided by law? Indeed, whether or not the deceased had a will, the opening of a file and the distribution of the property in the estate, known as the “liquidation” of the estate, must comply with the law.

As the liquidator of the estate, Flora will have to follow these steps.

(1) Firstly, she will have to obtain her grandmother’s death certificate. She will have to conduct a will search with the Chambre des notaires and the Barreau du Québec.

(2) She will have to identify and contact the heirs to inform them of their rights in the estate.

Flora will then have to determine the content of the estate by preparing an inventory of the assets and debts. The inventory will have to be signed before a notary or two witnesses, and notices will subsequently have to be published on the RDPRM (Register of Personal and Movable Real Rights) and in a local newspaper.

(4) She will also be responsible for collecting amounts owing to her grandmother, paying her debts and completing tax return forms within six months of her death.

(5) Moreover, Flora will have to obtain the certificate authorizing the distribution of the assets from Revenue Quebec and the clearance certificate from the Canada Revenue Agency.

(6) Finally, after all these steps, she will have to render a final account of the liquidation to inform the heirs of her administration of the estate, the operations that were performed and the assets still remaining in the estate. Finally, she will publish a notice of account closure on the RDPRM.

Should you face such a situation or need further advice, you should consult a lawyer.

For more information, please do not hesitate to contact them at: (514) 326-4553 or toll-free at 1-855-505-1515 or by email at info@brunetassocies.com.

Joseph and Renée have been married for 15 years. Joseph is a compulsive gambler and alcoholic, and this creates big problems in their marital union. For years, he has been promising his wife that he will stop gambling and do something about his drinking problem. This year, the situation deteriorates: Renée finds out that her husband has been spending all his afternoons at the Casino de Montréal, and that he has withdrawn $40,000 from his RESP during the last 6 months. This makes her decide to quit Joseph for good. Renée has $20,000 in her RESP, but Joseph does not have a penny left in his. She wonders if she would have to share what is in her RESP with Joseph after their separation.

As a rule, during a divorce or separation, the value of the family patrimony is divided equally between the spouses, and the RESPs are part of the patrimony. However, in exceptional situations, one of the parties may request an unequal division of the value of the family patrimony. In the given situation, Renée would be justified to request that the RESPs be divided unequally. Indeed, Joseph’s irresponsible and reckless behaviour of squandering his RESP at the Casino should not penalise Renée.

Renée must show that Joseph did not respect his obligation of contributing to the fructification and maintenance of the family patrimony, and that an equal division of the RESPs of both parties would lead to an injustice.

Renée could equally request that the Tribunal issue a judgment for a compensatory payment, considering that Joseph deprived her of her share in his RESP that used to contain $40,000.

If Renée demonstrates properly the elements mentioned above, the Tribunal could order Joseph to pay her $10,000, which would have been her rightful share, had Joseph not squandered his RESP.

For more information, do not hesitate to contact us at 514-326-4553, or toll-free at 1-855-505-1515, or by sending an e-mail to info@brunetassocies.com

Lise has just received a call from her ex-husband, Claude, from whom she has been separated for 10 years.
Claude informed her that he would no longer be paying child support for their son Nicolas, who has just celebrated his 18th birthday.

Nicolas is currently studying humanities at Collège Montmorency and intends to finish his CEGEP studies next year.
He doesn’t know what he’d like to specialize in next, but is seriously considering university.

Did you know that child support does not automatically stop at age 18?
Claude will have to apply to the courts if he wants to cancel or reduce it.
If Claude stops paying without a court order, Revenu Québec, which continues to keep track of the amounts owed, may seize his assets to compensate for the missed payments.

As for Lise, she will be able to oppose the request to cancel the alimony.
She will have to prove that Nicolas still needs alimony on the grounds that (1) Nicolas is unable to support himself, (2) he has taken all possible steps to support himself (e.g. by taking a part-time job) and (3) Lise is at least partially supporting him.
Obviously, Nicolas should not oppose Lise’s request.
In all cases, the parents’ financial situation will be taken into account.

If you are faced with such a situation and need advice, you should consult a lawyer…

While traveling abroad, Florence meets Anis.
It was love at first sight, and the two lovers dated long-distance for several years.
In 2015, the couple decided to get married, and Anis was determined to move to Quebec to live with his future wife.
In January, Anis and Florence were united in marriage in a religious ceremony in Montreal.
In the summer of 2015, Florence discovers that Anis was already married in his home country, and even has a child from his previous union.
In a state of shock, Florence can’t believe her ears, and puts an end to her relationship with Anis.

Did you know that Florence can request an annulment of her marriage, rather than a divorce?
The law recognizes certain grounds for annulling a marriage or civil union:

the spouses had not reached the minimum age for marriage, i.e. 16 for a marriage with parental consent and 18 for a civil union

spouses are related to a prohibited degree (father, mother, son, daughter, brother, sister, grandfather, grandmother)

the wedding notice has not been posted

the celebration was not public

the officiant was not competent to celebrate a union

the previous marriage or civil union of one of the spouses is still valid

in the case of a minor spouse, parental or guardian authorization had not been given

one of the spouses did not consent to the marriage or gave his or her consent under duress or as a result of an error

Annulling a marriage or civil union allows former spouses to :

liquidate their matrimonial property regime

share family assets

When the court declares the marriage null and void, it may declare either spouse to be in bad faith.
The spouse in good faith may then, at his or her option, repossess his or her property or ask for the liquidation of his or her property rights resulting from the marriage.

For more information, do not hesitate to contact us at 514-326-4553, or toll-free at 1-855-505-1515, or by sending an e-mail to info@brunetassocies.com

1) Pay attention to contracts!
It’s important to take the time to read the contracts you sign with your florist, reception hall, caterer, DJ, etc., carefully.
They usually contain clauses about those “little extras”.
It’s never pleasant to receive a bill after the ceremony for an unforeseen expense… Speaking of unforeseen expenses, did you know that the concept of wedding insurance exists?
Knowing that the average wedding in Canada costs close to $30,000.00, it can be a relief to protect yourself against the risk of cancellations of any kind, such as bad weather.

2) Prioritize the elements of your wedding.
Focus on what’s important to you, and leave out what’s superfluous.
Not only will your wedding cost less, but it will also be a reflection of you.
Take floral arrangements, for example.
They’re so pretty, but so expensive!
Try to vary your selection to keep costs down.
For example, if you like Glorisia, which sells for nearly $60 a flower, you can find other flowers that are similar, but more affordable.

3.get inspired on Pinterest with DIY!
You don’t have to be a master craftsperson to make a centerpiece or guest book.

4) Take time to distance yourself from your planning.
It can be difficult to see clearly, because so many emotions are linked to this day.

5) Make sure you choose the right wedding date.
If your significant other asked you to get engaged in the summer, why not wait two years instead of one, to save some money?
It’s always better to tighten your belt a year before the wedding to save money than 4 years after the wedding because of interest!