This blog post was written by: Ophely Karam, Estate and Trust Consultant, Scotiatrust Montreal

Common-law union has become a predominant form of partnership in the province of Quebec, distinguishing it from other provinces in Canada. In 2021, 42.7% of couples in Quebec lived in a common-law union, this is 2.5 times more than in the rest of Canada, where the proportion of common-law couples is barely 17%.

Despite the high prevalence of common-law unions, Quebec’s legal framework has historically offered limited recognition to these partnerships. The Civil Code of Quebec does not grant common-law couples the same rights and obligations as married couples, particularly concerning spousal support and division of property upon separation.

Those who choose not to marry avoid […] state-imposed responsibilities and protections, and gain the opportunity to structure their relationship outside the confines of the mandatory regime applicable to married […] spouses. These words were pronounced by the Supreme Court of Canada in the very popular judgment Quebec (Attorney General) v. A rendered in 2013.

In light of these words, there was no confusion in the minds of Quebecers: in a common-law union, spouses are free from any legislative structure governing their union. Many did not think this could change, but the Court, in its judgment, made an important point by emphasizing that […] it will be up to the legislature to intervene if it believes that the consequences of such autonomous choices give rise to social problems that need to be remedied.

To the surprise of many, recent legislative developments have aimed to address this gap. Effective June 30, 2025, Quebec will implement a significant reform in family law through the introduction of the Parental Union regime. This new legal framework, established by Bill 56, aims to provide unmarried couples who have children together with rights and obligations similar to those of married spouses, addressing longstanding legal disparities in the province.

More specifically, Parental Union regime automatically applies to unmarried couples that share a community of life and who represent themselves publicly as a couple, regardless of how long they have shared a community of life, that become parents of the same child, either by birth or adoption, on or after June 30, 2025. Persons who cohabit and are the parents of the same child are presumed to share a community of life.

Under this regime, a “Parental Union patrimony” is created, encompassing specific assets such as the family residence, household furnishings, and vehicles used for family purposes, regardless of which partner holds legal title.

In the event of a separation, these assets are subject to equal division between the partners. However, certain assets are excluded from the patrimony, including secondary residences, rental properties, retirement savings (e.g., RRSPs), and inheritances or gifts received by one partner.

Couples can choose to exclude specific assets from the Parental Union patrimony or opt out of the regime entirely through a notarized agreement.

Some Key Features

1. Spousal Support and Compensatory Allowance:The regime allows a partner to seek a compensatory allowance if they can demonstrate that their contributions enriched the other partner’s patrimony, leading to their own impoverishment.
2. Succession Rights:In cases where one partner dies without a will, the surviving partner in a Parental Union has inheritance rights similar to those of married spouses.
3. Legal Recognition of the Family Residence:The family residence receives protections akin to those in marriage, ensuring stability for the child and custodial parent during and after separation.

Applicability and Limitations

The Parental Union regime is not retroactive. It applies only to couples who become parents of the same child on or after June 30, 2025. However, existing couples with children can voluntarily opt into the regime through a formal agreement.

It’s important to note that the regime does not extend to unmarried couples without children, leaving a significant portion of de facto relationships without similar legal protections.

Awareness is the key!

Advising clients on the implications of the Parental Union regime is crucial, especially concerning asset division, succession planning, and the potential need for notarized agreements to opt out or modify the patrimony. Understanding the regime’s impact on asset management and estate planning will be essential in guiding clients through financial decisions related to cohabitation and parenthood.

Quebec’s introduction of the Parental Union regime marks a significant step toward recognizing and protecting the rights of unmarried parents. While it addresses key legal gaps, professionals across various fields must stay informed to effectively support individuals navigating this new legal landscape.

For more information on this topic, I recommend reading Diana Leopardi’s recent article Love is in the Air – Or is it Separation?, which offers valuable insights into the evolving legal landscape of common-law unions in Quebec.