There are 3 types of legally recognized spousal relationships in Quebec: common law (or De Facto) unions, civil unions, and marriages. Beyond the love that both partners have for one another, there is a legal aspect to managing a couple’s assets.
Each of these unions has its particularities.
Common-Law Unions
It is important to recognize the difference between common-law unions and civil unions—which we will be discussing later—as they are two very different things.
After having lived together for a certain time, two people are automatically recognized as being in a common-law union, regardless of whether they have children. It is also possible for two people to be considered common-law spouses without necessarily living together.
A couple living under the same roof will never be considered “married,” even if they have shared a home for 20, 30 or even 50 years.
Do Common-Law Spouses have Protections?
Since common-law spouses don’t automatically benefit from the same rights and protections as those of married couples or civil unions, it is essential that they learn how they can protect themselves.
A contract can be established to reach an official agreement concerning the family residence and shared assets in case of a separation.
Un contrat de vie commune leur permettra de mettre sur papier différentes protections concernant la résidence familiale et le partage des biens en cas de séparation.
It is also very important for common-law partners to have a will drawn up; otherwise, their partner does not automatically inherit anything under the law.
A mandate in anticipation of incapacity, on the other hand, will contain directives in case one of the spouses becomes incapacitated.
Civil Unions
Civil unions are similar to marriages. Both members of this union must publicly commit to sharing their lives and promise to respect each other’s rights and the obligations they have to one another.
This commitment is made between the two spouses before an authorized celebrant.
Requirements
Some Requirements Must be Met Certain requirements must be met for a couple to form a civil union:
- Both partners must be at least 18 years of age.
- They must not be close relatives (siblings, cousins, stepbrother or stepsister, parent or child) regardless of whether these ties result from legal or biological origins.
- One must be able to prove that they are either single, divorced, or widowed.
- Both spouses must be able to give free and informed consent.
- Both spouses must be present to consent to the civil union in front of a celebrant and to sign the declaration of civil union.
Marriage
A marriage can be performed by a religious or non-religious officiant, depending on the couple’s beliefs. Regardless, the obligations of a married couple are similar to those of a civil union. Both partners must commit to sharing their lives and respecting the rights and obligations brought on by their union.
This commitment will be made between the two spouses in the presence of 2 witnesses and an authorized celebrant.
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Requirements
Certain requirements must be met to be eligible to wed:
- • With the court’s authorization, it is possible to get married starting at 16-years-old.
- The bridegroom may not be closely related whether legally or biologically.
- Both people must be single, divorced or widowed and must be able to provide proof of their civil status.
- Both spouses must be able to give free and informed consent.
- Both spouses must be present to consent to the civil union in front of a celebrant and to sign the declaration of civil union.
The Celebration
For a marriage to be legally recognized, there are certain rules to follow when it comes to wedding celebrations.
Marriages must be celebrated in one of several authorized places, such as a reception room, courthouse, church or park. The setting must be appropriately laid out and must respect the solemn nature of a marriage. The chosen celebrant must also be authorized to perform the wedding in that specific setting.
For example, a judicial clerk can only perform a wedding in a detention centre, courthouse, or hospital. On the other hand, a mayor can only perform a wedding ceremony in the town hall of his or her own municipality. If the ceremony is taking place elsewhere, then you may choose a loved one as a celebrant.
It is also important to keep in mind that the wedding must be celebrated between 9:00 A.M. and 10:00 P.M.
The Wedding Witness
In order to be married, you must pronounce your wedding vows in front of two witnesses. These two individuals will be witnesses to your consent and will sign your declaration of marriage.
Unless you choose your own child, a wedding witness must be at least 18 years of age.
Marriages: Annulled or Dissolved
A marriage may be annulled or dissolved.
To be granted an annulment, the request must be made within 3 years of the celebration. A marriage may be annulled if it does not respect the above-mentioned requirements.
A marriage is dissolved when one of the spouses passes away or in the case of a divorce.
Picking a Matrimonial Regime
Not only do couples need to decide whether they want to marry or be in a civil union, but they must also decide on a matrimonial regime.
Common-law spouses, on the other hand, are not bound to each other by a matrimonial regime. Everyone is responsible for their own assets, and goods are not shared should the couple decide to part ways.
Partnership of Acquests
The partnership of acquests is the default legal regime in Quebec and is applicable when couples have not chosen another regime.
The partnership of acquests states that all goods acquired during the marriage are shared, although each spouse can exclude certain assets. These assets are referred to as private property.
Partition of Property
Under this regime, both individuals keep their private property in case of a separation. Only the goods recognized as belonging to both parties are divided.
Community of Property
This was the default regime before 1970.
There are three types of properties under this regime: the husband and wife’s own private property, the wife’s reserved property and the community property.
Private property is managed individually by each party. On the other hand, both partners must agree on how to manage community property. The wife must have her husband’s consent to administer her reserved assets.