Trusted family law practitioners since 1999
For over two decades, Hendy, Greenberg has been a respected name in family law in the Montreal area. We understand that your choice of a Montreal family lawyer can impact the rest of your life, and the rest of your children’s lives. For this reason among others, we pride ourselves on our hard work and ethics and, in all of our cases, we strive to find the best solution possible for our clients.
A family breakup is a difficult time and an unfortunate event. At Hendy, Greenberg, we consistently strive to protect our clients’ rights while never setting aside any option that would settle the case amicably.
While our primary role is to ensure that the rights of our clients are protected and that their views are heard, we are also committed to informing them of every step of the legal process, and ensuring that possible scenarios and/or developments (whether positive or otherwise) are discussed and are dealt with efficiently.
Our firm is focused on all matters relating to family law, including :
• Preparing cohabitation agreements and marriage contracts;
• Litigating and negotiating settlements involving couples who are married, separated or cohabiting;
• Negotiating and litigating alimony, spousal support, child support, property division and compensation claims;
• Negotiating and litigating child custody and access disputes and child abduction cases.
Our attorneys are up to date with respect to all statutes and jurisprudential developments in family law matters.
We are also involved in a range of matters generally related to family issues. Our mandates are diverse and include drafting wills, estate litigation and obtaining protective regimes for loved ones. We apply the same high standards of practice to all our cases.
Donald M. Hendy
Mtre Hendy is a founding member of our firm and has been practicing family law for over 35 years. Prior to founding Hendy, Greenberg, Mtre Hendy was head of the family law department at Fasken Martineau where he practiced family law for more than 20 years and has been involved in complex files often related to high net worth issues.
DONALD M. HENDY, admitted to bar, 1975, Quebec.Education: McGill University (B.A., 1970; B.C.L., 1973).
Editor, The Reports of Family Law, Québec.
Author: Several articles including “The Implications of Québec’s Family Law Reform on Business Planning,” Canadian Law Quarterly; “Strangers at Law?” and “The Treatment of conjoints de faits in Québec Civil Law and the Development of Unjust Enrichment,” Revue Du Barreau. Member: Montreal, Quebec and Canadian Bar Associations and has given presentations on different aspects of family law.
LANGUAGES: English and French.
PRACTICE AREAS: Family Law.
Martin J. Greenberg
Mtre Greenberg is a founding member of our firm and has been practicing family law for over 35 years. Since he became a member of the Quebec Bar in 1975, Mtre Greenberg has been representing clients before all courts in Quebec. He has been recognized by his peers and featured in the “Best Lawyers in Canada” consistently since 2008.
MARTIN J. GREENBERG, admitted to bar, 1975, Quebec. Education: Sir George Williams University (B.Sc., 1970); McGill University (B.C.L., 1974).Listed: “The Best Lawyers in Canada” from 2008 to 2016 inclusive.
Author: “Court of Appeal Refuses Father’s Request to Limit Financial Disclosure in Son’s Divorce Proceedings”, Reports of Family Law, vol. 87, January 2011; “De Facto Spouses Have Social Obligations to Support Each Other, Even in Québec”, Reports of Family Law, vol. 89, March 2011; “Freedom of De Facto Spouses to Choose in Quebec is Constitutional,” Reports of Family Law, vol. 67, part 2 (6th), 392, October 2009; “Quebec Court of Appeal Rules Settlement Agreement to Give ’Ghet’ Not Enforceable,” Money & Family Law, Vol. 21, No. 21, February 2006, p. 14; “Re: Quebec Civil Unions: More Choices: Unknown Consequences,” Money & Family Law, vol. 17, no. 11, November 2002; “Quebec Legislates to Legalize Same-Sex Marriage,” Money & Family Law, vol. 17, no. 6, June 2002; “Certain Aspects of the New Family Law In The Province of Quebec,” (“Certains Aspects du Nouveau Droit de la Famille dans la province de Québec), (Loi 146),” Regional Conference of the Canadian Institute of Chartered Business Valuators, October 20, 1989. Member, Legal Affairs Clinic, Head & Hands Inc., 1978-1989. Member, Quebec Board of Directors, The Canadian Council of Christians and Jews, 1986-1993. Member, Cummings Senior Citizen Center Social Action Committee (2002-2005). President, Bar of Montreal Liaison Committee for Family Law, 1992-1993.
Member: Canadian Bar Association; Barreau du Québec; Montreal Bar Association; Quebec Association of Family Law Practitioners.
LANGUAGES: English and French.
PRACTICE AREAS: Family Law.
Frequently asked questions.
If you have children together, you may be entitled to child support depending upon the custodial arrangements and your respective incomes. However, in Quebec, unmarried partners are not entitled to spousal support as was decided by the Supreme Court of Canada in Quebec (Attorney General v. A, 2013 SCC 5).
No, the financial obligations towards your children do not end automatically when the child reaches 18 years of age. It becomes a question of whether the child is then considered to be financially independent. A child who still attends school on a full time basis will generally not be considered to be financially independent. However, there is no strict rule for any particular situation and you may wish to obtain more information regarding your circumstances.
It is also worth noting that a Judgment ordering support will remain valid until cancelled by the Court.
In most cases, child support is fixed according to the appropriate formula established under the Federal or Quebec Child Support Guidelines. Some formula modifications may apply (a) if the children are over 18 years of age, or (b) if the guideline amount creates undue hardship
Spousal support is determined by weighing the factors and objectives found at Article 15 of the Divorce Act. There is no fixed formula (Federal Spousal Support Advisory Guidelines do exist but are only on an indicative basis and the courts in Quebec will very often arrive at different figures). You will need to talk to a lawyer about the process of determining spousal support.
The Civil Code of Quebec provides that all decisions affecting a child must be made in the child’s best interests not those of the parents. There is no legal presumption regarding a particular mode of custody (eg. shared custody or sole custody). The factual situation and criteria are considered and weighed by the court to fix the mode of custody.
Every case is different and the level of animosity or complexity involved in your file will greatly influence the fees. We can provide rough approximations or ranges of anticipated costs. We provide frequent and detailed invoices and we ensure that our clients are aware of where their account stands with the firm at any point.