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Quebec Family Law
In Quebec, couples who want to separate or divorce have two main choices :
MEDIATION
The couple attends private sessions and works together with the mediator to resolve all aspects of the breakup of their relationship. Herein lies the importance of choosing a mediator who knows family law well in order to reach a comprehensive, friendly and equitable agreement.
LITIGATION
Each party hires a lawyer to represent them before the Court. Herein lies the importance of choosing a lawyer who will vehemently defend your case but who nevertheless favors negotiation and settlement out of court. The spouses must, however, participate in a mediation info session prior to proceeding by litigation.
I have experience guiding couples in negotiation in order to avoid leaving the most important aspects in their lives to the discretion of a Judge. This expertise is a great asset in not only the mediation process, but also in disputed cases which can thereby be settled out of Court. Mediation is more amicable, expedient and cost-effective; following its success, I can represent you in a joint divorce.
Anouk Benzacar, Attorney & Mediator
Potentially one of the most difficult things an adult can go through is divorce or separation. All things dear to you may be on the line: your children and their education, support and well-being, your homes, finances, cars… The rupture of your marriage, or relationship, can drain you both emotionally and financially OR although probably emotional, it can be managed in such a way as to minimize the negative impact as much as possible.
Having been called to the Barreau in 1995, I have the experience and dedication required to help you through this. I have extensive knowledge of family law and a practical approach to conflict resolution. I firmly believe that the best results are achieved through negotiation and out-of-court settlement rather than before the Courts. The law affords you protection and equity and there is little reason why full blown litigation is required when the “big picture” is properly mapped out, analysed and presented.
In cases however where alternative resolutions are not an option, I am passionate and skilled to vehemently defend your rights before the Courts. When all the information is presented fully, justly and equitably, opposing counsel and I can perhaps manage to settle at least some aspects prior to appearing before a Judge. Even where this is unattainable, you can trust me to offer a well presented picture of your situation to the Court in order for a Judge to have all elements required to render a decision.
Each family is unique and thus divorce should have no place in the courtroom... Parties must work together, as hard as that may seem, in order for me to guide them to a mutually beneficial solution.
I believe in exploring options while providing relevant information to those wishing to take charge of their divorce or separation settlement. Even in contested cases, there is often a way to reduce proceedings and hostility.
There's no need to destroy a family with litigation... Let me guide you through negotiations that are personalized to your specific needs and those of your children. Successful mediation, or proper settlement negotiations, will lead you to settle your divorce with as little, if any, court interference as possible.
Let's settle:
- Custody, visitation
- Child and spousal support
- Division of family patrimony, assets, debts
with integrity, respect and most of all, consideration for your children.
According to the Ministère de la Justice du Québec, 8 out of 10 couples succeed in reaching an agreement after attending family mediation. Furthermore, parties who took advantage of mediation services paid, on average, half the costs paid by other parties to obtain a judgment in court.
Ministère de la Justice du Québec assumes the following costs if you have dependent children:
- 5 hours of meetings with my office, as a couple, for mediation services
- Revision of an existing agreement or court order that parties would like modified (2.5 hours per year)
- A guarantee that all hours exceeding the subsidized five hours will be billed at the reduced rate of $110 per hour.
Very strategic, secures what is important, looks at the situation from multiple angles. Always available, up for a marathon if it is needed. Confidently took on my case which was complicated as it can be, with outcome I wanted.
Anita T.
Anouk assisted throughout with all necessary legal matters, personal advice and above all did everything with the highest degree of professionalism. I highly recommend her services to anyone in these difficult times.
S. G. W.
Anouk worked diligently, cautiously and compsssionately to defend my case. She clearly and patiently explained all relevent laws and remained determined to settle outside of court. Most importantly Anouk was always accessible, responsive and calmed my concerns.
T. H.
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Whether your are just seeking general information, or you actually need a good family lawyer in Montreal, don't hesitate to send me a message and I will reach out to you as soon as possible