A civil union is a type of legal relationship between couples in Quebec. While almost identical to a marriage in terms of its rights and obligations, a civil union is more restrictive as to your rights outside of Quebec. In fact, the Quebec civil union might not even be recognised outside of Quebec. Therefore, you should check with a lawyer about the consequences of moving before going to another province.
While anyone can have a civil union, it was originally created to allow same-sex couples to officially promise to live together and respect their rights and obligations (please note that since 2005 same-sex marriages are recognised in Quebec, so same-sex couples are not restricted to get civil unions as they can get married).
As mentioned, the rights and obligations are the same as under a marriage WHEN THE COUPLE IS WITHIN QUEBEC. Always consult with a lawyer to see how the law changes regarding your union if you decide to move provinces:
In Canada, women and men are considered EQUAL. They therefore have identical rights and duties, as set out in Section 15 of the Canadian Charter of Rights and Freedoms, and Section 10 of the Charter of Human Rights and Freedoms.
Everyone has the fundamental freedoms of THOUGHT, BELIEF, OPINION and EXPRESSION (section 2 b) of the Canadian Charter of Rights and Freedoms).
The Civil Code of Quebec (CCQ) establishes that spouses in a civil union have the same RIGHTS and OBLIGATIONS towards each other, which are:
- Respect, fidelity, support and assistance (but note that you are not breaking the law by living apart from your spouse) CCQ 521.6
- Manage together all family affairs, including parental authority and the choice of the family residence CCQ 521.6
- Each spouse keeps their last name
- Household expenses are to be shared proportionally to your means, which means that if your spouse makes a lot more money than you in his job, he could be obliged to pay more for the family groceries CCQ 521.6
- Both are equally responsible for the debts that the other person owes if they are related to family expenses, which means that if you go into debt for buying a new family fridge, both you and your spouse are responsible for paying back the debt CCQ 521.6
- Recognition of surviving spouse as a successor if the deceased spouse does not make a will CCQ 653
- Creation of a family patrimony and a civil union regime CCQ 521.6 and 521.8
Your things including your house, car, bank accounts, furniture, etc., will be governed by the same laws that apply to a civil marriage. Please refer to the section “What happens to my property when I marry” Marriage | Athena Legal Info. The rules governing family patrimony and matrimonial regime will apply to civil unions as well, with the necessary adjustments.
Do note that while the regimes are the same, the names are different. Therefore, while in a marriage your things are organized by the “matrimonial regime,” in a civil union your things are governed by a “civil union regime.” Other than the different names, they are otherwise identical.
As in the case of marriage, the future spouses may choose one of the two civil union regimes: “partnership of acquests” or “separation as to property.” Spouses who do not choose a specific regime are automatically governed by the regime of “partnership of acquests.”
Similarities |
Differences |
Civil status: You can’t already be married or in a civil union with someone if you want to marry or be in a civil union with someone else.
Free consent: Both persons must have freely given their consent in order to marry or enter into a civil union. Rights and obligations: The rights and obligations that spouses owe each other are the same in marriage and civil union Leaving your spouse: Ending a relationship is possible in both marriage and civil unions, but in different ways. See “Leaving your partner | Athena Legal Info” for more information on the differences between these two regimes.. |
Age: Marriage is possible from age 16 with parental consent, but the minimum age for civil unions is 18.
Recognition: Marriage will always be recognized outside Quebec, but a Quebec civil union will not necessarily be recognized outside Quebec. Please consult a lawyer for more information. Leaving your spouse: In marriage, leaving your spouse is a divorce. In a civil union, leaving your spouse is a dissolution (this will have the same effects as divorce, despite the difference in the way they are called). See the “Leaving your partner | Athena Legal Info ” section for more information on the differences between the two.
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