Archives des Family law

Financial Consequences of an Amicable Divorce: Focus on Compensatory Allowance

7 November 2024

Sometimes introduced to a spouse wishing to divorce during their first meeting with their attorney, the compensatory allowance can be a particularly significant financial consequence of divorce. It cannot be waived in advance, and the presence of a prenuptial agreement does not prevent its assessment or its requirement upon separation. I- What is the Compensatory […]

EXPERTISE

10 October 2024

Both judges and lawyers are generally limited to their legal knowledge. However, handling a case regularly requires the involvement of third-party experts in their fields. Judges tend to rely more on expert assessments than on personal verifications or consultations. This indeed strengthens the objectivity and credibility of their decisions. Expertise is ordered when the provided […]

What to Do When You Are a Victim or Witness of Domestic Violence ?

30 May 2024

If you are a victim of violence by your partner or ex-partner, you can seek help from emergency services, call 3919, file a complaint, or request a protection order from the judge. If you witness such violence against an adult or children, you can and should take action, with several options available depending on your […]

Separation of Parents: The Child’s Place

4 April 2024

In 2020, 4 million children had separated parents. Approximately 380,000 children are affected each year by their parents’ separation, with 60% being born out of wedlock. Hence, the issue of parental separation affects a large number of children. The place of the child in the event of parental separation is a complex and sensitive subject, […]

PARENTAL AUTHORITY

7 April 2022

Parental authority is vested in the parents once filiation is established. In the case of full adoption, the adopters are holders of parental authority (unlike the biological parents who will not have it). In the case of simple adoption, the adopter has parental authority. Parental authority is exercised over the child in his interest, considering […]