Guzun and Associates Lawyers

04/01/2026

Hiring a lawyer in Montreal for the first time? What no one tells you…

Many people facing legal issues — divorce, immigration matters, or criminal charges — are often told to speak with a lawyer, yet very few truly understand what this means or when this decision becomes critical, as in practice most individuals attempt to handle their situation on their own first, relying on online information or informal advice, which frequently leads to mistakes in documentation, missed deadlines, and decisions made under pressure, resulting in consequences that can significantly affect their lives.

A lawyer is not simply someone who appears in court, but a professional who analyzes your situation as a whole, identifies risks, organizes evidence, prepares precise documentation, and develops a strategy tailored to your objectives, while also negotiating on your behalf to protect your interests and avoid unnecessary losses, especially considering that the majority of cases are resolved outside of court, where experience plays a decisive role.

To fully understand how a legal case actually works, what happens behind the scenes, and why having the right strategy from the very beginning is essential, we have prepared a detailed article with real examples from our practice.

📌 Read the full article: avocatguzun.com

📞 Phone: (514) 576-7414
📠 Fax: (514) 903-2227
✉️ Email: [email protected]
🌐 Website: www.avocatguzun.com
📍 Address: 105-1 rue McGill, bureau 15B, Montréal (Québec), H2Y 4A3

Contact us for a consultation and get clear guidance on your legal situation.

03/29/2026

Choosing a Family Law Firm in Montreal: Your Practical Guide

Choosing a family law firm in Montreal is a strategic decision that directly impacts your personal, financial, and family future. The article highlights the key factors to consider in order to make an informed choice in a field where every decision can have significant consequences.

In divorce matters, it is essential to choose a lawyer skilled in negotiation while also being prepared to litigate. A strong understanding of Quebec law, including family property division, compensatory allowances, and interim measures, is crucial. Clients should also clearly understand legal fees and obtain realistic cost estimates.

In child custody matters, the best interest of the child is the guiding principle. It is important to develop realistic parenting plans and be prepared to handle complex situations such as high-conflict cases or family violence.

Regarding child and spousal support, legal guidance is essential to properly assess income, especially in complex financial situations. A well-prepared strategy can often prevent lengthy and costly litigation.

The article also highlights the importance of preventive family law, including marriage contracts and separation agreements, as well as the need for a multidisciplinary approach when family law intersects with immigration or criminal law.

Finally, choosing the right firm depends on several factors: experience, specialization, communication, transparency in fees, and adaptability to the client’s needs.

In summary, a strong family law firm does more than represent a client—it provides clear, effective guidance to reduce conflict and achieve lasting solutions.

Learn more on our website: www.avocatguzun.com

Visit us for a full case evaluation and personalized consultation:
105-1 McGill Street, Suite 15B, Montreal, Quebec
514 576 7414
[email protected]

01/13/2026

Planning Canadian immigration for 2026? You’ve likely encountered Express Entry and LMIA. Both offer paths to work permits or permanent residence, but their processes, risks, and timelines differ significantly.

Selecting the incorrect path can cause delays, added costs, or refusals. This guide details Express Entry vs. LMIA in 2026, explains Quebec’s unique rules, and helps identify the faster, more reliable option for your circumstances.

Guzun & Associates Lawyers in Montreal assists workers, students, families, and employers daily. We navigate these options, addressing complex Quebec immigration situations and refusals.

Understanding Express Entry for Permanent Residence in Canada (2026): Who Qualifies Best?
Express Entry is Canada’s primary online system for skilled workers seeking permanent residence outside Quebec. It manages three federal programs: Federal Skilled Worker, Canadian Experience Class, and Federal Skilled Trades. You can learn more about the official Express Entry system details here.

In 2026, IRCC continues category-based draws for specific occupations (e.g., healthcare, STEM, trades, agriculture). Higher targets for economic immigrants make Express Entry appealing, especially with a competitive Comprehensive Ranking System (CRS) score.

Important for Quebec: Express Entry does not directly apply to Quebec permanent residence. Quebec residents typically require a Quebec Selection Certificate (CSQ). However, Express Entry remains an option if you are willing to reside in other provinces.

Navigate Express Entry vs. LMIA in 2026 for Canada PR and work permits. Understand Quebec nuances and find your faster, more reliable path with expert guidance.

12/08/2025

When Divorce Doesn’t Have to Be a Battle

A divorce does not always need to be painful or drawn out. In Québec, many couples are able to end their marriage through an amicable divorce (also known as a simple or uncontested divorce). This process is designed for situations where both spouses agree on all essential issues such as child custody, support, and property division.

This approach avoids lengthy hearings and emotional courtroom disputes. It also reduces legal costs and shortens the timeline to obtain a final judgment—often within just a few weeks.

At Guzun & Associates, we guide our clients through every stage of the process. Our team prepares all necessary documents, ensures compliance with Superior Court rules, and helps couples finalize their amicable divorce with dignity and efficiency.

What Is an Amicable Divorce in Québec?

An uncontested divorce is granted when both spouses consent to the end of the marriage and agree on all resulting consequences.

Instead of attending court or testifying, the file is submitted in writing. A judge reviews the documents privately, ensures that the agreement complies with Québec family law and the federal Divorce Act, and issues a divorce judgment. No hearing takes place unless something appears incomplete or inequitable.

You may apply for a simple divorce if:

You and your spouse have lived separately for at least one year; or

One spouse committed adultery or cruelty (physical or mental).
(These grounds are rarely used in peaceful separations.)

When both parties cooperate, the process becomes mostly administrative, making it the fastest and most cost-effective way to legally end a marriage in Québec. Judgments are often issued within 6–8 weeks.

How to File for an Uncontested Divorce in Québec
Step 1: Confirm Eligibility

At least one spouse must have lived in Québec for at least 12 months before filing.

Step 2: Prepare the Required Documents

A lawyer ensures all forms are properly drafted, signed, and supported:

Application for Divorce (or Joint Application).

Sworn statements from both spouses.

Marriage Certificate (translated if needed).

Children’s birth certificates (if applicable).

Child support calculation forms and proof of income.

Proof of separation (leases, bills, etc.).

Step 3: File with the Superior Court of Québec

The application is filed in the judicial district where either spouse resides. Joint applications require no court appearance.

Step 4: Judicial Review

A judge reviews the file for completeness and legal compliance.

Step 5: Receive the Divorce Judgment

Once approved, the judge signs the judgment. After 31 days, it becomes final and an official Divorce Certificate can be ordered online.

Processing Times
Divorce Type Average Duration Court Appearance
Joint amicable divorce 6–8 weeks No
Uncontested divorce (single applicant) 2–3 months Rare
Contested divorce 6–18 months Yes
Typical Legal Fees
Service Average Cost Notes
Simple joint divorce (no children) $1,200–$1,800 Often flat-fee
Simple joint divorce (with children) $1,800–$2,500 Includes child support calculations
Contested divorce $5,000+ Varies by complexity
Why Choose an Amicable Divorce?

Faster resolution — weeks instead of months or years.

Lower cost — one lawyer can prepare a joint file.

Privacy — no public hearings.

Reduced emotional stress.

Legal clarity for both parties.

FAQ

Can one lawyer represent both spouses?
Yes, but only in joint amicable divorces with full agreement.

Do I need to go to court?
No. The judge reviews the file privately.

Can I divorce before a full year of separation?
Only with proven adultery or cruelty, but most couples choose the simpler path.

What if my spouse lives abroad?
You may file in Québec if you have lived here for at least one year.

Why Hire a Lawyer Even for a Simple Divorce?

Errors in documents can delay your judgment for months. A lawyer ensures:

accurate information,

compliant child support calculations,

acceptance by the Court on the first attempt.

Contact Us

If you and your spouse are ready to move forward amicably, we can help.

📞 +1 (514) 842-7414
📧 [email protected]

📍 105-1 rue McGill, Suite 15B, Montréal (Québec)

Begin your new chapter with clarity and peace of mind.

10/31/2025

Immigration Alert: Stay Safe, Become a Canadian Citizen

In my legal practice in criminal law and immigration law, I often meet clients who have been permanent residents of Canada for many years and who commit criminal offences in Canada. These are often considered minor offences in Quebec society, such as assault, domestic violence, impaired driving, or petty theft.

However, it is critical to remember that as soon as a permanent resident is convicted of a criminal offence, they become inadmissible and subject to removal from Canada under immigration law. These individuals are then forced to defend themselves before immigration authorities in an effort to avoid deportation.

This is why it is strongly recommended that permanent residents apply for Canadian citizenship as soon as they meet the eligibility criteria. Once Canadian citizenship is granted, a person can no longer be deported, even in the event of a criminal conviction.

This message is especially important for individuals facing charges or convictions related to impaired driving, an offence that is frequently seen but has serious immigration consequences.

Here are the basic requirements to apply for Canadian citizenship:

Be a permanent resident of Canada;

Have been physically present in Canada for at least 1,095 days (3 years) in the last 5 years;

Have filed income tax returns for those years, if required;

Pass a citizenship test (unless exempt);

Demonstrate sufficient knowledge of English or French.

If you are a permanent resident and wish to apply for Canadian citizenship, do not delay. Contact us today for assistance with your citizenship application. We will be pleased to help you protect your future in Canada.

Me Marin Guzun Lawyer – Criminal & Immigration Law Guzun & Associés Avocats
105-1, McGill, Suite 15B, Montréal, QC H2Y 4A3
(514) 576-7414
www.avocatguzun.com

09/22/2025

Spousal Support in Quebec: Principles and Practice

In Quebec, the end of a marriage or civil union does not necessarily bring immediate financial independence. Often, one spouse has maintained steady employment and regular income, while the other has paused their career to care for the children or manage the household. This creates an economic imbalance that continues after separation.

Spousal support aims to correct this imbalance. It is not a punishment but a legal mechanism to prevent financial injustice.

Case from practice
In one case we handled, after 15 years of marriage, the wife had left the workforce to raise the children. The husband, the primary earner, believed child support would be sufficient. The court, however, recognized that the wife had lost years of earning capacity.

A settlement was reached for temporary spousal support, enabling her to retrain and re-enter the workforce, while remaining reasonable for the husband. This avoided trial and provided a balanced path forward.

Conditions for entitlement to spousal support
A former spouse may be entitled if they can show:

Economic dependence or a significant income disparity.

A substantial non-financial contribution to the household (childcare, homemaking, supporting the other’s career).

A need for support to transition to financial independence.

Spousal support is available after a marriage or civil union, but not after common-law relationships, unless provided by contract.

Typical scenarios

Likely granted: long marriage, household contributions, clear economic imbalance, health issues limiting capacity to work.

Likely denied: short relationship with little interdependence, similar incomes, financial independence.

Key factors in amount and duration
Courts consider:

Duration of the marriage or civil union;

Income and earning potential;

Contributions to the family unit;

Ability of the paying spouse to provide support.

Clarifications

Spousal support is not automatically lifelong; it is often temporary.

Child support and spousal support are distinct obligations.

The fact that the ex-spouse is working does not automatically exclude entitlement if a financial imbalance remains.

Importance of legal advice
Spousal support cases are complex. Legal counsel helps:

Determine entitlement;

Prepare required financial disclosure;

Negotiate fair and enforceable agreements.

Conclusion
Spousal support in Quebec seeks fairness and financial stability after separation. Its recognition depends on the facts, the evidence, and proper legal analysis.

At Guzun & Associés, Avocats, we advise and represent clients at every stage of the process to protect their rights and achieve balanced solutions.

www.avocatguzun.com

(514) 842-7414
[email protected]

Old Montreal office – in-person and online consultations.

09/14/2025

Do I need a lawyer for a simple child custody agreement?
Many parents think that if they separate on good terms and have already agreed on a schedule for their children, a custody agreement can be handled without a lawyer. At first glance it may look simple: who the children live with, how often they see each parent, and how decisions will be made.

But in Quebec family law, custody is rarely static. Life circumstances change, children grow, parents relocate for work, and financial obligations evolve. Even the most cooperative parents can overlook crucial issues such as who decides on urgent medical treatment, what happens if one parent wants to move to another city, how holidays are divided, or how extracurricular expenses are paid.

A verbal promise or handwritten note may show goodwill but has no enforceable value in court. If one parent changes their mind, the other may be left without protection. That is why custody agreements must be drafted in clear legal language, adapted to Quebec’s family law, and homologated by the court so they can be enforced if conflicts arise.

From my experience as a family lawyer in Montreal, I have seen many parents come to me after months of frustration because their “simple” agreement was rejected or ignored by the court. For example, one father relied on a handwritten custody schedule that his ex-partner later refused to respect. Because it was never homologated, the court did not recognize it and he had to restart the entire process from zero. What seemed like a cost-saving solution turned into an expensive and stressful battle.

A lawyer does much more than write down what you have already agreed on. Our role is to anticipate blind spots that often create conflict, to ensure that the agreement reflects the best interests of the child—which is the central standard in Quebec law—and to clarify the financial implications such as child support and shared expenses. Even if you are on excellent terms with your ex-partner, it is important to treat a custody agreement as a long-term legal contract rather than a casual arrangement. A poorly drafted agreement can lead to years of litigation.

That being said, not every case requires full legal representation. In cooperative situations, parents may only need a lawyer to draft the agreement correctly, to review a draft prepared on their own, or to file it with the court. At Guzun & Associates we understand this reality and we offer flat-fee packages for reviewing and formalizing custody agreements, providing legal security without unnecessary costs.

The conclusion is simple: custody decisions shape your child’s daily life and future, and leaving them to chance is risky. By consulting a lawyer early, you avoid common mistakes, ensure that your rights are protected, and most importantly, guarantee that your child’s best interests remain at the heart of the arrangement.
If you are considering a custody agreement, do not wait until a problem arises. Contact Guzun & Associates today—we have been guiding families in Quebec through custody matters for over 20 years, and we remain your lighthouse in the storm.
________________________________________
Me Marin Guzun, Avocat
105-1 McGill, bureau 15B, Montréal (QC), H2Y 4A3
(514) 576-7414 | (514) 903-2227
www.avocatguzun.com
Visit our website to learn more and book a consultation.

08/17/2025

The Stages of a Criminal Case in Canada
As a criminal defence lawyer in Montreal, I know that an arrest is one of the most stressful and destabilizing experiences a person can go through. In just a few minutes, you may find yourself handcuffed, deprived of liberty, and subjected to initial police questioning. Every decision made at this stage can have lasting consequences for your work, your family, and even your freedom.

With more than twenty years of defending clients in Quebec, I have seen how the right approach in the first hours after an arrest can completely change the outcome of a case. This article explains what happens after an arrest, what rights you have at each stage, and how to avoid common mistakes that could harm your defence.

1. Your Rights at the Time of Arrest
From the moment of arrest, the Canadian Charter of Rights and Freedoms guarantees you certain protections. The police must:

clearly explain the reason for your arrest;

inform you of your right to remain silent;

give you the opportunity to immediately contact a lawyer.

Why are these rights so important?
In my experience, most mistakes happen in the very first hours after an arrest. In shock, many people want to explain themselves, thinking it will help their case. Unfortunately, everything you say can—and will—be used against you. Even innocent explanations can be misinterpreted.

Lawyer’s advice: politely tell the police that you wish to remain silent and speak to a lawyer. Do not try to justify yourself or answer questions until you have consulted with legal counsel.

From my practice — when silence saved the case
A client was recently arrested in Montreal for alleged shoplifting. In shock, she wanted to “clear up the misunderstanding” with the police. I firmly advised her to remain silent. Later, upon reviewing the evidence, it became clear that the Crown’s case was very weak. Because she made no statements, we secured a complete withdrawal of the charges before trial. Had she tried to explain herself on the spot, her words could have been twisted and used against her.

2. Police Detention or Release
After an arrest, the police decide whether to release you or hold you until a bail hearing. The decision depends on the seriousness of the charges, your criminal record, and the perceived risk of flight or danger to the public.

Possible outcomes:

Release with a promise to appear
You sign a document promising to appear in court on a set date.
Failure to appear results in additional charges.

Release with conditions
Possible conditions:

no contact with certain people or places;

compliance with a curfew;

abstaining from alcohol or drugs.
Breaching conditions is a separate criminal offence.

Detention until a bail hearing
If the police refuse release, they must bring you before a judge or justice of the peace within 24 hours.

From my practice — the power of a well-prepared release plan
I defended a young man accused of assault. The Crown wanted to keep him in custody until trial. We quickly prepared a detailed plan, including a reliable surety and strict conditions. The court agreed to his release, allowing him to keep working and supporting his family while we prepared his defence.

3. The Bail Hearing
If the police do not release you, a bail hearing — also called a “show cause hearing” — must take place within 24 hours of the arrest.

How it works:

The Crown prosecutor explains why you should remain in custody.

Your lawyer must show that you can be released safely, often by proposing strict conditions or a surety.

The court considers:

Will you return to court?

Do you pose a risk to public safety?

Would your release undermine public confidence in the justice system?

Why preparation is crucial
I have seen clients appear at bail hearings without a lawyer and end up detained for months. A poorly prepared hearing can ruin lives: job loss, broken relationships, and immense pressure to plead guilty just to get out.

Lawyer’s advice: a bail hearing is not a formality. It is often your best chance to be released during the legal process.

4. Official Charges and the First Court Appearance
After an arrest, the Crown prosecutor reviews the police evidence and decides whether to lay formal charges. If charges are filed, you will be given a date for your first court appearance.

What to expect:

The charges are read in court.

Your lawyer requests disclosure: all evidence (police reports, witness statements, videos, expert reports).

You may enter a plea or request more time to review the evidence.

The importance of disclosure
Early access to disclosure allows us to assess the strength of the Crown’s case. Errors or weak evidence can lead to reduced charges, alternative measures, or even a full withdrawal.

From my practice — when disclosure changed everything
A client was charged with assault. At the first appearance, we obtained disclosure and identified contradictions in witness statements. By presenting these inconsistencies to the Crown, we secured a withdrawal of all charges before the case went to trial.

Tip: do not plead guilty at the first appearance just to “get it over with.” You may be giving up valid defences.

5. Building Your Defence
Once charges are laid, the case progresses toward negotiation, settlement, or trial. Early and thorough defence work is essential.

What we do for our clients:

Evidence analysis: we review procedural errors, highlight inconsistencies, and identify weaknesses in the Crown’s case.

Negotiation with the Crown: many cases are resolved through reduced charges or alternatives, such as conditional discharges or diversion programs.

Trial preparation: we prepare witnesses, gather expert reports, and build a solid cross-examination strategy.

From my practice — avoiding a criminal record
A client accused of minor drug possession contacted me immediately after his arrest. We demonstrated the low seriousness of the offence and his lack of prior record. I negotiated a conditional discharge, sparing him a criminal record, protecting his job, and preserving his ability to travel.

Frequently Asked Questions about Criminal Charges in Quebec
Will I go to jail?
Not necessarily. Many people are released after arrest — either by the police or at the bail hearing (within 24 hours). Detention depends on:

the seriousness of the charges;

your criminal record;

the Crown’s assessment of risk.

Should I talk to the police?
Absolutely not. You have the fundamental right to remain silent and consult with a lawyer before answering any questions. This right applies from the moment of arrest and throughout the investigation.

Remember: questioning is designed to gather evidence, not to “clear your name.” Even casual comments can be taken out of context and used against you in court.

Lawyer’s advice: calmly say, “I wish to remain silent and speak to my lawyer,” and stop talking. This is not an admission of guilt; it is the best way to protect your rights.

How long will the process take?
It depends on the complexity of the case and whether it goes to trial:

simple cases (weak evidence or quick resolution) can be resolved in a few months;

contested cases (multiple witnesses or serious charges) can take a year or more.
Delays can occur if the Crown is slow to provide disclosure or if the courts are overloaded.

Can I work or travel during the process?
That depends on your release conditions. They may restrict:

travel outside the city, province, or country;

certain types of work related to the alleged offence;

contact with people involved, even family members.

If conditions are too restrictive, your lawyer can request modifications. I have secured relaxations that allowed clients to work, study, or visit family abroad while their cases were ongoing.

What happens if I violate my conditions?
Any violation — even accidental — is a separate criminal offence in Quebec. You risk being re-arrested and facing new charges. It is therefore crucial to fully understand your conditions and seek clarification from your lawyer.

Can I avoid a criminal record?
In many cases, yes. Diversion programs, conditional discharges, or negotiated settlements can prevent a criminal record. Everything depends on the charges, your history, and the strength of the evidence.

From my practice
I have negotiated conditional discharges even in cases that seemed hopeless. Acting early and presenting the right evidence makes all the difference.

Why You Should Consult a Lawyer Right Away
Too often I meet people who waited before seeking legal advice and are now facing problems that could have been avoided:

unfair release conditions disrupting family and work;

missed deadlines limiting defence options;

convictions that could have been prevented.

By consulting a lawyer immediately after arrest, you:

understand your rights and options from the very beginning;

avoid harmful mistakes;

have a tailored strategy to resolve your case effectively.

Your best defence begins the moment you call a lawyer. Acting quickly gives you the advantage of preparation and control.

Conclusion: Consult a Criminal Lawyer in Montreal Today
If you or a loved one has been arrested in Quebec, you are not alone against the justice system. Our team at Guzun & Associés has been defending clients in criminal matters for more than twenty years. We understand what is at stake and fight for the best possible outcome.

Book your consultation today:

Phone: +1 (514) 576-7414

Email: [email protected]

Meeting: at our Old Montreal office or online.

A single free orientation call can provide you with the clarity and guidance needed to regain control of your situation and protect your future.

We invite you to visit our website www.avocatguzun.com, where you will find a wealth of useful information and can also book your consultation online.

08/04/2025

New rights for common-law partners with children
June 30, 2025 – News
Are you living in a common-law relationship and have children? A major reform is changing the rules in Quebec! As of June 30, 2025, a new law is in force to provide more protection and rights for common-law partners who are parents. Here’s what you need to know.

What is a common-law union?
Common-law partners are two people who live together as a couple without being married or in a civil union. This type of relationship, often called “living common-law,” is very common: in Quebec, two out of five couples live this way.

A new law that changes the game for unmarried parents
A parental union regime is now in effect. It automatically applies to any common-law couple who has one or more children born or adopted after June 29, 2025. This regime grants rights similar to those given to married or civil union couples.

The big change? The creation of a parental union property, which includes certain assets that must be shared in case of separation. In principle, the value of these assets will be divided equally between both partners.

Which assets are included in this property?

The family residence

Household furniture

Vehicles used by the family

In addition, the law protects the family residence: in case of a breakup, the court may allow the parent who has custody of the children to temporarily stay in the house, even if they are not the owner.

An option for couples who were already parents before June 30, 2025
If your children were born before this date, you can voluntarily opt into the parental union regime by mutual agreement. To do so, you must sign a contract before a notary or in the presence of two witnesses.

For couples whose children are born after June 29, 2025, the regime applies automatically. However, you can opt out of sharing the property, but only with the partner’s consent and through a notarized act. Note: even if you opt out of the property sharing, the family residence protection still applies.

You can also agree to add or remove certain assets from the property (e.g., a vehicle or a cottage), always with the partner’s consent and through a notarized agreement.

Enhanced financial protection
Another new feature: the possibility of obtaining, in certain situations, a compensatory allowance in case of separation. This measure, previously reserved for married or civil union couples, aims to correct a financial imbalance.

In short: This reform marks an important turning point for couples living in a common-law relationship with children. It provides greater financial and legal security while considering today’s family realities.

Need assistance? Contact us!
At Guzun Avocats, we guide you through every step: legal advice, drafting notarial deeds, negotiations, and representation in case of disputes.

Call us: (514) 576-7414
Email us: [email protected]
Visit: www.avocatguzun.com

Protect your rights and your family today!