:: MARRIAGE & COMMON-LAW RELATIONSHIPS - WE'VE GOT ANSWERS ::
+ What is the difference between the two?
In addition to being a festive and emotional celebration, a marriage or civil union is also the commitment of one person towards another. In effect, a marriage or civil union is a contractual agreement that generates rights and obligations.
Couples in a common law relationship (also known as a de facto union), however, do not have any rights or obligations towards one another unless they have signed a cohabitation agreement. Contact one of our lawyers if you would like assistance or legal advice on preparing a cohabitation agreement to protect yourself.
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+ What are the effects of marriage?
Marriage creates rights and duties between the spouses. Quebec law places great importance on the principles of equality, loyalty, and respect between spouses as well as on the obligations of support, assistance and cohabitation. The application of these principles and obligations varies from one household to another based on the particularities of each couple's situation. For example, the income of each spouse allows us to evaluate their contribution to the household expenses. Therefore, based on their incomes, their contributions can differ (for example, a 50%/50% or 70%/30% contribution towards expenses).
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+What are the effects of a common law relationship (de facto union)?
Couples in a common law relationship (also known as a de facto union), however, do not have any rights or obligations towards one another unless they have signed a cohabitation agreement. They may, however, benefit from certain government programs (eg. tax credits) or receive the same advantages of married spouses for certain private contracts (eg. health insurance policies) - but only when expressly indicated.
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+ What protection does marriage provide you?
One of the primary financial consequences of marriage is the creation of the family patrimony. This institution, first instituted in 1989, favors the economic equality of the spouses upon separation, divorce or the death of one of the spouses. All the property that serves the family, regardless of who has ownership of the property, is accumulated from the beginning of the marriage until the end. Once the marriage is ended by separation, divorce or death, this property or its value will be shared equally between the spouses (after deductions made for debts accumulated on the goods).
It is important to note that no spouse can renounce their right to the family patrimony. Only death, a judgment of divorce, separation from bed and board or nullity of marriage confers the right to renounce the family patrimony. This right to renounce will only take effect upon a judgment of the Court seized with the application.
Furthermore, the partition of property not belonging to the family patrimony is done according to the matrimonial regime adopted when the couple married. The matrimonial regime dictates how the property will be shared upon dissolution. In Quebec, there are two matrimonial regimes available to a couple: partnership of acquests and separation as to property. If the couple did not conclude a marriage contract during their marriage (also commonly referred to as prenuptial agreements in other countries), the matrimonial regime of partnership of acquests will be applicable by default.
If you would like assistance in establishing and registering a marriage contract, contact our office today to book an appointment with one of our notaries.
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+ What protection does a common law relationship (de facto union) provide you?
It is important to note that common law (de facto) spouses do not form a family patrimony. The couple can, however, conclude a cohabitation agreement whereby they outline, for example, the exact value of each person’s assets, their contribution to household expenses and each person’s responsibility with regards to the debts. As with the family residence and other property of great value, co-ownership remains a possible option but there are specific risks that you should be aware of.
Contact us today for a consultation to determine if co-ownership is suitable in your circumstances and the steps you should take to protect yourself, with or without a cohabitation agreement.
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