Cameron Miranda
Quebec offers couples three different ways to unite: common-law, civil union, and marriage (religious or civil). In 2021, 42% of couples in Quebec were living together without being married, and many mistakenly believe that common-law spouses have the same rights as married couples. However, common-law partners are considered single in the eyes of the law and do not have the same protections as married couples. In March 2024, Quebec introduced Bill 56, a family law reform bill proposing the creation of a new 'parental union' regime to frame the rights and obligations of common-law spouses with children.
| Characteristics | Values |
|---|---|
| Number of couples living together in Quebec who are neither married nor in a civil union | 42% in 2021 |
| Number of couples in Quebec who are in a common-law relationship | 43% of Canada's common-law couples in 2021 |
| Types of union in Quebec | Common law, civil union, civil religious marriage |
| Common-law couple's status in Quebec | Single |
| Common-law couple's rights in Quebec | No protection similar to marriage such as family property, matrimonial and other rights and obligations |
| Common-law couple's rights in Quebec | No claim on each other's assets on death |
| Common-law couple's rights in Quebec | No right to make decisions about the care of their spouse if they are incapacitated |
| Common-law couple's rights in Quebec | No right to inherit their spouse's property |
| Common-law couple's rights in Quebec | No right to receive benefits related to the sharing of family patrimony |
| Common-law couple's rights in Quebec | No legal proceedings in case of separation |
| Common-law couple's rights in Quebec | No obligation to pay spousal support if the relationship breaks down |
| Common-law couple's rights in Quebec | No right to protection of the family home |
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What You'll Learn
Common-law partners are considered single
In Quebec, one in three couples lives together without being married. However, common-law partners are considered single in the eyes of the law. This means that, in the event of a separation, there are no legal proceedings such as a divorce.
The Civil Code of Quebec recognises four statuses: single, married, divorced, and widowed. Strangely, common-law partners are considered single, even if they have never been married or civilly united before. However, this does not mean that common-law partners have no rights or obligations. For example, if a common-law couple has children, the entire inheritance will go to them. In the absence of a will, however, a child is a legal heir even before the common-law spouse.
Common-law partners do not have the same protections as married couples. For example, in the event of a death, the surviving spouse does not automatically receive benefits related to the sharing of family patrimony or the right to inherit. This is because, legally, they are considered single. Therefore, it is recommended that common-law partners write a will to ensure their wishes are respected.
In recent years, the number of unmarried couples in Quebec has been increasing, surpassing that of Sweden. This can be attributed to various factors, such as the high cost of weddings, religious issues, and the association of marriage with traditional gender roles. To address this growing trend, the Quebec government introduced Bill 56, which proposes the creation of a new 'parental union' regime. This regime will frame the rights and obligations of common-law spouses with children, providing certain protections for the family home, furniture, and vehicles.
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Common-law spouses don't have the same protections as married couples
In Quebec, one in three couples live together without being married. However, common-law partners are not considered married in the eyes of the law. According to the Civil Code of Quebec, there are four statuses: single, married, divorced, and widowed. Common-law partners are considered single, and their unions are not legally recognised. This means that common-law spouses do not have the same protections as married couples.
One significant difference is that common-law spouses do not have the same inheritance rights as married couples. In the absence of a will, the surviving common-law spouse does not automatically inherit their partner's property. This is because they are not considered legal heirs under Quebec's succession law. To ensure their wishes are respected, common-law spouses can make a will and include their partner as an heir.
Another difference is that common-law spouses do not have the same rights to the family residence as married couples. A de facto spouse can sell or mortgage the family home without the consent of the other spouse. They also do not benefit from the family patrimony protection that ensures the equal partition of certain types of property in the event of divorce.
Additionally, common-law spouses do not have the same support obligations as married couples. In the event of a separation, there is no legal entitlement to spousal support or maintenance. Common-law spouses must rely on amicable agreements to resolve any financial or property disputes.
It is important to note that while common-law spouses do not have the same protections as married couples, they can take steps to protect themselves. They can consult a notary to put a legal framework in place, such as a cohabitation agreement or a common-law union agreement. These agreements can outline each spouse's rights and obligations, as well as how they wish to partition their property. By taking these steps, common-law spouses can ensure they have some legal protection, even if it is not the same as that afforded to married couples.
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Common-law couples are on the rise in Quebec
In Quebec, the proportion of couples living together who are neither married nor in a civil union has increased dramatically, from eight per cent in 1981 to 42 per cent in 2021. This is higher than the proportion across the rest of Canada, which was 23 per cent in 2021. Quebec also leads the country in the share of common-law couples, with 43% of Canada's total, according to the 2021 census.
The rise in common-law relationships can be attributed to various factors. Firstly, traditional marriage has been losing popularity, as couples seek to avoid legal complications in the event of divorce or separation. Some couples also consider weddings too expensive or view marriage as an affront to their personal or religious beliefs. Additionally, common-law relationships offer flexibility and equality between partners, which may be particularly appealing to modern couples.
Despite the growing trend, there are important distinctions between common-law and married couples in Quebec. Common-law partners are considered single from a legal perspective, and their unions are not recognised by the Civil Code of Quebec. Consequently, they do not have the same protections as married couples, such as family property rights and other matrimonial rights and obligations. For example, in the absence of a will, a surviving common-law spouse does not automatically inherit their partner's property or have a right to make healthcare decisions for their incapacitated partner.
To address some of these disparities, the Quebec government introduced Bill 56, a family law reform bill. The bill proposes the creation of a 'parental union' regime, which would establish certain property rights and obligations for unmarried couples with children. However, it is important to note that this bill would not be retroactive and would only apply to children born or adopted after it comes into force.
While common-law relationships may offer more flexibility, it is crucial for couples in Quebec to understand their legal status and the potential implications, especially regarding property and inheritance rights. Seeking legal advice and putting appropriate measures in place, such as wills and protection mandates, can help protect common-law couples and their children in the event of separation or death.
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Quebec's Bill 56 proposes a 'parental union' regime
In Quebec, one out of every three couples lives together without being married, and many mistakenly believe they are afforded the same protections as married couples. While common-law relationships are not recognized by the Civil Code of Quebec, they have become increasingly common as traditional marriage loses popularity.
Quebec's Bill 56 proposes a parental union regime, which would grant legal status to de facto spouses who become parents of the same child after June 29, 2025. This reform would provide a "safety net" for children of unmarried parents, allowing them to divide assets like houses and vehicles evenly, regardless of ownership. The bill also proposes protections for spouses in the event of separation, such as the ability to claim a compensatory allowance from the other spouse.
However, critics argue that the bill falls short of providing adequate protection for children and future spouses in parental unions. It is also criticized for excluding de facto spouses who do not have children and for not addressing issues of family violence. Additionally, it is important to note that Bill 56 would not be retroactive, meaning it would only apply to unmarried couples whose children are born or adopted after the specified date.
While the proposed bill aims to modernize Quebec's family law and provide some protections for unmarried parents and their children, there are concerns about its effectiveness and scope. It is essential to carefully consider the potential implications for all involved parties before implementing such reforms.
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Common-law couples can write a will to protect their partner
In Quebec, common-law couples are not recognised by the Civil Code and are considered single in the eyes of the law. This means that, in the event of a separation, there are no legal proceedings such as divorce, and in the event of a death, the surviving spouse does not automatically receive benefits or the right to inherit.
However, common-law couples can take steps to protect their partner and ensure their wishes are respected. One way to do this is by writing a will. By creating a will, common-law couples can specify how their property and assets will be divided in the event of their death, ensuring that their partner receives a portion of their estate. This is especially important for common-law couples, as without a will, the surviving spouse may not have any legal claim to their partner's estate.
In addition to a will, common-law couples can also consider creating a cohabitation agreement or a living together agreement. This type of legal agreement can outline the rights and obligations of each partner, including separate and shared assets, debt obligations, and spousal support payments. It can also help protect any assets or possessions that are in one partner's name only. By having a cohabitation agreement in place, common-law couples can ensure that their wishes are respected and avoid potential complications in the event of a separation.
Another option for common-law couples in Quebec is to enter into a civil union. A civil union provides similar rights and obligations to marriage, including the right to spousal support and a fair division of property, assets, and debts in the event of a separation. To end a civil union, it can be done before a notary by means of an agreement or if one of the spouses dies. While a civil union may not be recognised elsewhere in the same way that marriage is, it can provide legal protection and benefits to common-law couples within Quebec.
Overall, while common-law couples in Quebec may not have the same protections as married couples, they can take steps to protect their partner by writing a will and considering other legal agreements or options, such as a cohabitation agreement or civil union. By taking these steps, common-law couples can ensure that their wishes are respected and that their partner is provided for in the event of a separation or death.
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Frequently asked questions
No, Quebec does not recognize common-law marriage. Common-law partners are considered single in the eyes of the law, and their separation does not involve any legal proceedings. However, common-law spouses have certain rights and obligations, such as child support in the event of a breakup.
In a civil union, the rights and obligations are essentially the same as in a marriage. However, there are differences in the minimum age, international recognition, and dissolution process. Unlike marriage, a civil union was created to allow same-sex couples to legally unite.
Common-law spouses in Quebec do not have the same protections as married couples. For example, they do not have a claim on each other's assets upon death and are not automatically entitled to make healthcare decisions for their partner if they are incapacitated. However, common-law spouses can write a will and create a protection mandate to ensure their partner can manage their healthcare and finances in case of an emergency.
The proportion of couples in Quebec who are in common-law relationships has increased significantly over time. In 1981, only 8% of couples were in common-law relationships, compared to 42% in 2021. Quebec leads the country in the proportion of common-law couples, with 43% of Canada's total in 2021.
