Are you in a common-law relationship? Do you have a baby on the way due on or after June 30, 2025?
If you answered yes to these two questions, you should know that as of that date, the Family Law Reform Act will come into force in Quebec. It will introduce a new legal regime: parental union. For unmarried couples who have a child after the law comes into force, this will lead to the automatic creation of a parental union patrimony. This patrimony will include certain assets used for family needs, notably the family residence and family vehicles.
Setting up a parental union regime raises many questions. Here are the answers to the most frequently asked questions.
- Does the parental union plan automatically apply to all common-law spouses?
No. The parental union plan will apply only to de facto spouses who become parents of a child, by birth or adoption, on or after June 30, 2025. It does not apply to co-parents who are not in a common-law relationship. However, if the parents of a child born after that date become or rebecome common-law partners, they will be subject to the provisions of this law.
For the purposes of this law, de facto spouses are two people who live together and publicly present themselves as a couple, regardless of the length of their relationship.
It therefore does not apply to childless couples, nor to those who were already parents before this date, except in two cases: if they choose to join voluntarily by means of a contract, or if they welcome a new child after the law comes into force. - Can I opt out of parental union?
Yes. Spouses may, by mutual agreement and by notarial deed, opt out of the parental union regime. It is also possible, again by mutual agreement and notarial deed, to define or modify the composition of the parental union patrimony according to their needs and intentions. - What exactly does parental union patrimony include?
The family residences, the furniture that furnish the residence and is used for household purposes, and the motor vehicles used for family travel.
These assets are included in the parental union patrimony regardless of ownership rights. In other words, even if property is owned or acquired by only one of the spouses, it will be considered part of the parental union patrimony, as long as it is used for family needs.
Assets acquired by inheritance or gift, whether before or during the union, are excluded from the parental union patrimony. The same applies to the assets of a minor spouse, which will not be included until he or she reaches the age of majority. - Does the parental union estate function in the same way as the family estate of married couples?
No. Parental union assets, while similar to the family assets of married couples, are more limited.
Unlike married or civil union couples, retirement products (RRSPs), pension funds and earnings under the Quebec Pension Plan or equivalent programs are not included in the parental union estate. - What happens in the event of separation?
The net value of the assets included in the parental union patrimony will be shared equally between the spouses.
However, certain situations may result in deductions. For example, if one of the spouses owned property before the union began, a deduction may apply to reflect this initial contribution. Since deductions vary according to the circumstances, it is strongly recommended that you consult a lawyer to ensure that the division of the parental union patrimony is fair and consistent. - If no changes have been made before and during their life together, can the spouses waive the division of the parental union patrimony at the time of separation?
Yes. Voluntary renunciation is possible. One of the ex-spouses may renounce his or her share of the parental union patrimony, or both ex-spouses may renounce the division. This decision must be recorded in a notarial deed or by a judicial declaration, which is acknowledged in a family law application. The renunciation must then be entered in the register of personal and movable real rights within one year. - Does this change anything for child support or custody?
No. The rules governing child custody, alimony and parental rights are not altered by the parental union. Rather, this regime is designed to regulate the economic aspects of living together as parents. - Does this add to spousal support obligations?
No. Ex-spouses of a parental union will not be able to claim spousal support, unlike married or civil union ex-spouses.
However, if one spouse makes a contribution, in goods or services, to the parental union patrimony and is impoverished by it, while the other benefits from an enrichment, the latter may have to pay the former a compensatory allowance. - What happens when a spouse dies?
Spouses subject to the parental union regime will now be able to inherit one-third (1/3) of their deceased spouse’s estate.
It’s important to note that this succession rule applies even if the spouses choose to opt out of the parental union regime. To be exempted from this provision, they must expressly provide for it in their will.
If you’re in a common-law relationship and plan to have a child after June 2025, get informed now. It is best to meet with a lawyer beforehand to avoid any surprises!
Me. Victoria Lavallée Aubre
