Effective Date: June 30, 2025
Major changes to family law will come into effect as of June 30, 2025.
The new law reforming family law and introducing the Parental Union Regime provides new protections for children born to parents who are not married or in a civil union — a reality that has become increasingly common in Quebec.
What is the Parental Union Regime?
This regime will automatically apply to all de facto spouses (partners who are not married nor in civil union) who have or adopt a child on or after June 30, 2025.
Exceptions:
- It will not apply to de facto spouses without children.
- It will not apply to children born before June 30, 2025 (unless the couple opts in voluntarily).
The Parental Union Patrimony
The regime establishes a parental union patrimony, which must be divided when the couple’s relationship ends (through separation or death), or if the couple marries or enters into a civil union.
This patrimony includes:
- The family residence
- The furniture furnishing the family residence
- Vehicles used for family transportation
These assets are included regardless of which partner owns them.
Note: This patrimony is similar to the family patrimony applicable to married couples, but more limited.
Who Is Considered a De Facto Spouse?
According to the law, de facto spouses are two persons who share a community of life and publicly present themselves as a couple, regardless of how long they have lived together.
People who live together and are the parents of the same child are presumed to be de facto spouses.
Modifying or Opting Out of the Regime
De facto spouses may:
- Modify the composition of their parental union patrimony
- Opt out of certain provisions of the regime
This must be done through a notarial deed.
Voluntary Opt-In
Couples with a child born before June 30, 2025, may opt into the regime:
- By notarial deed
- Or by a contract signed before two witnesses
The regime takes effect on the date of signing.
Additional Protections Provided by the Law
- Compensatory Allowance
Upon separation, a partner may request financial compensation if they became financially disadvantaged for the benefit of the other. - Protection of the Family Residence
A partner who is the sole owner or sole leaseholder of the family residence cannot sell or transfer the lease without the consent of the other partner.
This protection applies:
- During cohabitation
- And for 120 days following separation
- Inheritance Rights
Without a will, a partner in a parental union will inherit:
- One-third of the deceased partner’s estate
- The remaining two-thirds will go to the children of the deceased
It is strongly recommended that de facto spouses create a will if they do not wish to follow these default inheritance rules.
Need Support?
There are exceptions and nuances to this law. Our team is here to help you:
- Understand your rights and obligations
- Draft or update a will
- Opt in or out of the Parental Union Regime
Schedule an appointment with one of our experts today.