Until now, the Civil Code of Québec did not grant any rights to common-law (de facto) spouses, even if they were parents of the same child. This has long left a legal vacuum for Quebec families. Fortunately, this situation has just been rectified with the coming into force today of the new parental union regime.
What will happen starting June 30, 2025
Here are the main points to remember:
1. Common-law spouses who have a child together (birth or adoption) will automatically be registered in the parental union regime.
- Note: The parental union regime does not apply to de facto spouses whose common children were all born or adopted before June 30, 2025.
2. On the date the child arrives, the couple begins to accumulate a parental union patrimony, which includes:
- All the residences used by the family (primary and secondary) and the furniture in them
- The motor vehicles used for family transportation
3. The following items are excluded from the parental union patrimony:
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4. Everything in the patrimony will be shared between the spouses at the time of separation (or with the estate in the event of death).
5. If one spouse has become less wealthy while the other has become wealthier during the union, they may request financial compensation in the event of a separation. A judge will calculate the appropriate amount.
6. It is possible to opt out of the “parental union patrimony” portion of the regime. This must be done before a notary within 90 days of the child’s arrival.
7. Common-law spouses whose children arrived before June 30, 2025 can voluntarily join the plan (in the presence of a notary or two witnesses).
Additional sources of information:
The parental union regime (Chambre des notaires du Québec)
Tout ce qu’il faut savoir sur le régime d’union parentale (La Presse newspaper) (French only)
