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You are going through a separation or a divorce. A family breakup is one of the most difficult events to have to go through. Moreover, it raises important questions. These questions may be about the custody of your children, their education, the potential award of child support, the usage and dwelling of the family residence or the partition of assets.
You wish to have your parental rights recognized. There are ways to have your paternity recognized and to oblige the other parent to submit to a DNA test. There are other avenues that will allow you to adopt a child, whether he is your spouse’s child or the object of a future project. In every case, it is essential to keep in mind that the establishment of filiation entails obligations toward the child, such as the right to child support. READ our article on adoption.
One of the parents decides to move away. In certain cases, the moving of a parent may require the Court’s permission. This is particularly the case when it is likely that it will affect the parental rights of the other parent,that it entails additional costs or that it forces a change of school. Moving away is not a decision to be taken lightly. READ our article on moving away.
You must divide your assets. The partition of assets is done according to your civil status. If you were common-law spouses, the division of property will be subject to each spouse’s property rights. If you were married, the partition will be governed by the rules of family patrimony and your matrimonial regime.
You are living as common-law spouses. Couples living as common-law spouses do not have the same rights as married couples. In fact, common-law spouses are more vulnerable, particularly in cases of separation or in the case of the death of the other spouse. It is therefore useful to protect yourself by having a Cohabitation Contract in order to avoid any ambiguity in case of a separation. READ our article on common-law spouses.
