The Quebec government recently introduced the Parental Union, a regime that grants protection for common law couples with children. Currently, unless unmarried couples with children jointly owned assets, like a home or car, the only financial obligation spouses have in a ruptured relationship is to their children.
A major feature the parental union introduces is spousal support for unmarried couples by creating a pool of assets to be shared if the relationship ends. The regime extends protection for spouses experiencing conjugal violence and succession protection for those in de facto unions who do not have wills. The Projet de loi , decades in the making, is a step forward, but it does not replace the role of wills and cohabitation agreements to fully establish equal rights in a common law relationship.
To whom does this apply?
The Parental Union automatically applies to common law couples who have a child or adopt after June 29, 2025. Couples who already have children or are expecting/adopting before then will be able to opt in to a parental union via a simplified process, though availability and details are to be announced. Couples in a parental union will be able to opt-out, provided they have it notarized and signed by both parents. The parental union does not apply to blended families unless they adopt a child or have a child together.
What is included in the family patrimony?
Under the Parental Union, partitionable assets include “family residences” (homes, condos, cottages), cars, and furniture, regardless of if they are jointly owned. Rental properties seem to be excluded from family residences, although the official legislation has not yet been released; stay tuned for further details. Similar to the family patrimony for married couples, the partitioned amount is the value of the assets at dissolution of the relationship less the value of assets owned individually before the union took effect. Assets acquired via inheritance or gift are also excluded from the family patrimony. However, unlike with married couples, other financial assets, like pensions and RRSPs, are not included in the divisible pot.
Estate protection without a will
Currently, if you predecease your partner in a de facto union without a will (intestate, in legalese), no assets are split with the surviving spouse. If children are present, they receive all of the deceased assets, otherwise assets are distributed among living relatives as can be seen here. Projet de loi 56 will change this by including de facto spouses in the distribution of an inheritance; one third of assets go to the surviving spouse if the couple has children, as it is for married couples without wills.
Why a cohabitation agreement and will are still (highly!) recommended
The introduction of the parental union is a positive move for the rights of unmarried couples, though it lacks the robustness of a cohabitation agreement and will. To truly protect the interests of both spouses in a common law relationship, a cohabitation agreement is a binding contract that outlines rights and obligations if they decide to part ways. The will complements the cohabitation agreement by outlining the partition of assets according to the wishes of the deceased in a legally binding document.
These tools mean you can include assets outside the scope of the family patrimony in family and legacy planning. As with any legal documents, this advice does not replace the opinion of a lawyer or notary specializing in this area; please consult one for personalized protection.
We’re glad to see the introduction of family protection by default, but ultimately, if you are in a common law relationship, you still have to act to respect each other and your wishes; couples without children have no new protection granted. In all cases, it takes drafting extra measures of protection and important conversations with your spouse to reach an equitable agreement for all members of the family.