Unmarried couples with children now have more rights in Quebec
A major reform in Quebec family law, which came into effect on Monday, gives more rights to unmarried parents.
Under Bill 56, unmarried couples with children together can now be recognized as partners in a "parental union," so long as they live together and present publicly as a couple.
Sponsored by Justice Minister Simon Jolin-Barrette in March 2024, the bill establishes that certain property — including the family residence, furniture or vehicles used for family travel — are common goods, regardless of who has ownership.
This patrimony of parental union permits the courts to divide these assets in the event of a separation.
These rules previously only applied to married couples and civil union spouses when their union ended.
"It has become essential to act to adapt the law to new family realities and provide a safety net that would offer children the best possible stability in the event of parents breaking up," Jolin-Barrette said in a news release in March of last year.
Julie Monette, a Sherbrooke, Que., family lawyer with Girard Avocats, described the news as "groundbreaking."
Among the protections, unwed parents may also have access to compensatory allowance and inheritance rights if they believe they experienced losses after having contributed to the enrichment of their partner's assets or if their partner did not leave a will.
WATCH | Quebec law protects common-law couples with children after separation:
How Quebec's laws for common-law couples with children have changed
8 minutes ago
Duration 1:51
Quebec's Bill 56 gives common-law couples with children more responsibility and new rights when they separate, including asset division and inheritance. However, full protections still require marriage.
Monette says she's seen many cases of mothers who stayed home to take care of their children and contributed to expenses such as groceries, only to be left with nothing after a separation because only their partner's name appeared on the property documents.
"With all the investment in time and energy and money that she did for the family, she has nothing," Monette said.
A parental union still offers less financial protection than a marriage, particularly concerning spousal support and retirement savings.
According to the Institut de la statistique du Québec 's most recent data, more babies in the province are born outside of marriage, with 65 per cent in 2021. At that time, unmarried couples represented 42 per cent of live-in relationships in the province, compared to married couples representing 58 per cent.
No protections for childless unmarried couples
Bill 56 is not retroactive, meaning it only automatically applies to unmarried couples whose common children are born or adopted after June 30, 2025.
Parents of a common child born before this date can opt to form a parental union by mutual agreement.
Meanwhile, a couple who had children with former partners and is now forming a blended family together is not eligible for a parental union.
Lawyer Anne-France Goldwater takes issue with the law only applying to unwed people with children, saying de facto spouses are still not afforded the same rights as those who are married.
Until unmarried couples can enjoy the same rights as married ones, Goldwater advises partners seeking full legal protections to get married as doing so will "assure a fair and equitable outcome however your relationship ends."
"None of us really knows who's going to end up in a rotten economic situation down the road," Goldwater added.
For Claudelle Cyr, the director of the Famille Plus organization in Sherbrooke, Que., this reform is a win for children who will be less "penalized."
"The child won't end up with a financially struggling mother or father who may have contributed to the family patrimony for five, six or seven years," said Cyr, adding that there's often a parent who makes less money than the other.
She highlighted that it's a "nice recognition" of the choices made by Quebec society and families.
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