FAMILY LAW

2. Partition of Assets

The partition of assets is a critical aspect that we handle with precision. Whether guiding through divorces, or separations, we ensure fair and equitable distribution of assets. Our expertise extends to drafting agreements, representing clients in negotiations, and, if necessary, in court proceedings. Recognizing the emotional intricacies involved, we provide compassionate assistance while safeguarding our clients’ financial interests. From real estate to financial holdings or complex corporations, we navigate the complexities of asset partition with a focus on achieving favorable outcomes and promoting stability for our clients in times of familial transition.

3. Child Custody

Few tasks hold as much gravity as determining child custody or parenting time. At RIAHI LEGAL, a Montreal law firm specializing in family matters, we approach this responsibility with utmost dedication. Our firm navigates the complexities of divorce and separation, particularly in safeguarding the well-being of the children involved. We recognize the profound impact such decisions can have on their lives. Striving for a healthy and secure environment, we aim to minimize disruptions and prioritize the needs and rights of the child. RIAHI LEGAL stands as a pillar of support for our clients, offering experienced counsel in managing child custody arrangements during the challenging times of divorce or separation.

Post-Divorce Child Custody

In cases of child custody (parenting time) after a separation, we provide crucial assistance in navigating the legal landscape outlined by the Divorce Law. Our commitment is to prioritize the child’s best interests, considering factors including resources, needs, and the overall situation. We offer expert guidance to ensure a fair and optimal outcome in establishing custody or parenting orders, ensuring a supportive environment for the child’s well-being. Our experienced team is here to provide personalized support and legal expertise during this challenging time.

Post-Separation Child Custody

In cases of separation between unmarried parents, we can assist by navigating the legal intricacies outlined in the Civil Code of Québec. Whether it is addressing child custody or support matters, our expertise ensures comprehensive guidance through the process, ensuring your rights and the best interests of the child are considered.

4. Alimony

In Quebec, spouses facing the aftermath of a marriage breakdown may be entitled to spousal support, commonly known as alimony either as a lump sum or periodic payments. Our expertise lies in assisting individuals navigating this complex aspect of family law. We understand that financial disparities can arise post-divorce, impacting one spouse’s ability to maintain a lifestyle akin to that during the marriage. Alimony considerations factor in the disadvantaged spouse’s financial situation, counterbalanced by the other party’s financial capacity and the common life standard of living. At our firm, we provide compassionate guidance, ensuring fair and reasonable outcomes. Our experienced team is dedicated to helping clients through the intricacies of alimony matters, striving for equitable solutions that consider both financial realities and individual needs.

5. Matrimonial Regime

The matrimonial regime plays a crucial role in shaping the financial landscape of a marriage. In Quebec, spouses can choose from various matrimonial regimes that govern the division of assets during marriage and separation. Common regimes include the partnership of acquests and separation as to property. Understanding the implications of each regime is vital for informed decision-making. At our firm, we provide comprehensive guidance on matrimonial regimes, helping couples navigate the complexities of property division. Whether establishing a regime before marriage or addressing it during separation, our experienced team ensures that clients make well-informed choices aligned with their financial goals. Contact us for legal advice and tailored solutions in matters of matrimonial regimes.

6. Dowry (Marriage portion)

Dowry refers to the transfer of parental property, wealth, or gifts to a spouse as a part of the marriage arrangement. While it has historical significance in various cultures, contemporary legal systems may recognize or not the dowry transactions. It is important to note that any financial transactions or exchanges related to marriage should comply with the laws and regulations of the relevant jurisdiction. In legal contexts, dowry-related issues may arise in family law cases, particularly in matters of asset partition or spousal support. We guide how local laws impact dowry considerations and how they may be addressed in legal proceedings.

7. Annulment of Marriage

Annulment of marriage is a legal procedure that declares a marriage null and void as if it never existed. Unlike divorce, which ends a valid marriage, annulment treats the marriage as invalid from the beginning. Grounds for annulment vary but often include fraud (notably for immigration purposes), bigamy, impotence, or lack or vitiated of consent. Annulment may also be granted if one party was underage or if the marriage was prohibited due to close blood relations. The process involves filing an application and presenting evidence to support the grounds for annulment in exceptional circumstances. Successful annulment results in the legal recognition that the marriage was invalid, allowing parties to remarry without the stigma of a divorce, without financial marital obligations for the spouse contracting in good faith and in some cases, ability to ask for compensation for damages. Our goal is to help you achieve a successful result, providing you with the adequate legal advice. Contact us to discuss your situation and explore the options available to you.

8. Safeguard and Provisional Orders

Safeguard and provisional orders refer to legal measures put in place to protect individuals or assets during ongoing legal proceedings. In family law, these orders are commonly sought to address urgent matters, such as child custody (parenting time), spousal support, or asset protection, provision for cost, before a final decision is reached. These orders provide temporary solutions to prevent potential harm or preserve the status quo until the case is resolved. The court may issue safeguard orders to ensure the safety and well-being of individuals involved, while provisional orders may address financial or property-related matters. Seeking experienced legal advice is crucial when pursuing safeguard and provisional orders to ensure proper presentation of the case and adherence to legal procedures. Trust us to guide you through the process, offering the support and expertise needed to safeguard your interests until a final decision is reached. Contact us to discuss your specific situation and explore the available legal options.

9. Seizure before Judgment

Seizure before judgment is a legal remedy that allows a party to obtain a court-authorized seizure of assets belonging to another party before a final judgment is rendered in a legal dispute. This precautionary measure is typically sought when there is a concern that the opposing party may dispose of or hide assets to avoid satisfying a potential judgment. The court order enables the seizure of specific assets to secure the claimant’s potential recovery. This legal tool is often utilized in cases involving debts, family matters, contractual disputes, or other situations where there is a risk that the opposing party’s assets may be unavailable later in the legal process. Seeking professional legal advice is crucial when considering or pursuing seizure before judgment to ensure adherence to legal procedures and requirements. Contact RIAHI LEGAL in Montreal to discuss your specific situation and explore how our legal professionals can provide tailored support and guidance.

If you have inquiries regarding family law, child, or spousal support in Montreal, feel free to reach out and arrange a consultation with one of our attorneys. We are here to assist you.