Since the family law reform in 1980, the main legislative changes concerning conjugality have been the introduction of the family patrimony for married couples in 1989 and the creation of the civil union regime in 2002. However, despite the fact that 42% of couples in Quebec live in de facto unions[1], the law applicable to de facto spouses had not, until now, been the subject of any legislative reform.
This situation changed when, on May 30th, 2024, the National Assembly of Québec adopted An Act respecting family law reform and establishing the parental union regime, which introduces the parental union regime. This new regime is added to the existing regimes, namely marriage and civil union.
De facto spouses who have one or more children born or adopted as of June 30th, 2025, will automatically be subject to the parental union regime. However, it will be possible for de facto spouses to exclude themselves from this regime by notarial act.
The main objective of this reform is to strengthen the protection of de facto spouses, who, until now, did not have the same rights as married or civil union spouses. Although contractual freedom is a fundamental principle of Quebec civil law, and the protections offered to couples have long depended on their choice to marry or enter into a civil union, the legislator deemed it necessary to intervene to correct the injustices experienced by de facto spouses. Before this reform, a separation could leave a de facto spouse in a difficult financial situation with no legal recourse. The new law aims to address this inequality.
Thus, the new law provides that the parental union regime will create a family patrimony for de facto spouses, which will be partitioned in the event of separation. The patrimony will include:
- The family residence;
- The movable property with which it is furnished or decorated and which serves for the use of the household;
- Motor vehicles used for family travel.
However, unlike married couples, pension plans will not be part of the family patrimony for de facto spouses.
[1] https://www.journaldequebec.com/2024/01/22/mariage-et-union-de-fait-quelles-sont-les-differences
Text written by Me Lauren Saad
