This blog post was written by: Diana Leopardi, Estate and Trust Consultant, Scotiatrust Montreal

Love is in the air…You may now kiss the bride; these are a couple of popular phrases often used in romantic movies but what about The Hangover movie what if your client woke up one morning only to discover that they were married and duties and responsibilities of married couples were bestowed upon them…what to do? This scenario is about to become a reality in Quebec!

As mentioned in my past article[1], Quebec has historically treated common law spouses differently than married couples (or those in a civil union). It was not a question of religion but rather a choice to legally untie and mutually accept all of the legal obligations that comes with that decision. Whereas common law spouses who chose not to legally marry would not be subject to those same rights and responsibilities as married couples. As such, in the event of a separation, each individual would leave the relationship with their own assets and belongings without having to compensate or financially support the other person.

The Quebec government has decided to update its Family Law, in that, regardless of legally married or not, any couple living together and with a child born after June 29, 2025 will automatically have aspects of “married” rights and responsibilities imposed on them. Let’s examine what that means:

For married couples – in the event of divorce, notwithstanding the existence of a contract for the separation of property, the family patrimony assets are divided equally between the spouses, regardless of who the true owner is[2], Family assets include:

• Residences used by the family, be it the family residence or a secondary residence, furniture and motor vehicles used by the family (cars, motor bikes, boats, etc.)
• Right to use the residence
• Registered accounts (RRSP)
• Registered earnings, during the marriage, of each spouse[3]

Common Law spouses could not participate in this division of family patrimony; however, the reform will now permit common law spouses to benefit from the division of certain family assets, which make up a new “parental union patrimony” such as:

• Residences of the family, furniture furnishing the family residences, which serves for the use of the household, and the motor vehicles used for family travel (cars, motor bikes, boats, etc.).
• Parents with a child born after June 29, 2025 will also benefit from similar protections of their family residence, up to a period of 120 days after the couple has parted ways.
• Last but definitely not least; starting June 29, 2025, it will be possible for couples with a child born after that date to inherit as a surviving spouse under the CCQ in the absence of a will, whereas the right to inherit in the absence of a will was reserved solely for married spouses and spouses under civil union.

Some critics have noted some shortcomings in the reform, that is,

• that it only applies to couples with children born of the union and does not apply to blended families (unless they have a child together),
• the reform does not apply to childless couples, nor does it apply to parents with children born before June 30, 2025,
• there is no partition of registered accounts
• Common law spouses (regardless if a child is born of that union post June 29, 2025) will not benefit from alimony between each other, that right being solely reserved to married spouses and spouses in a civil union.

The good news; while it is highly unlikely that your client wakes up married in Vegas, it is also possible to get an annulment, and so, it is also possible to opt-out of this new reform by way of notarial deed.

Informed decisions produce optimal outcomes. Therein lies the importance of gathering relevant information and obtaining professional advice (when required) to come to the best conclusion. When entering into a relationship with someone (personal or professional) it is important to be aware of the consequences that may arise. There are specific legal documents that can be put in place to help attain the best conclusion. If one does not want to be subject to family law rights and responsibilities they can opt for a prenuptial agreement, if one wants to protect a financial gift they can opt for a gift by way of notarial need and if one wants to preserve an inheritance there are mechanisms that may be included in their last Will and Testament. Ultimately information is key and reverting to trusted professional can unlock the knowledge towards the best decision.

[1] Fall Back, Plan Forward, Diana Leopardi Fall back, Plan forward – All About Estates

[2] There are a few exceptions for assets received by way of gift or inheritance.

[3] Pursuant to the Act respecting the Québec Pension Plan