Notaries - Individuals
Are you going to be parents in 2025? This Bill is for you!
Bill 56, An Act respecting family law reform and establishing the parental union regime(hereinafter the “Act”), which will come into force in Quebec on June 30, 2025, marks a significant development of parental rights and family relationships. However, it is important to understand that this regime will not apply to all de facto spouses, which raises questions about the legal protections available for certain types of families.
First of all, it should be noted that a parental union is formed when de facto spouses become the parents of the same child after June 29, 2025. The same applies to the parents of the same child who become or return to being de facto spouses after 29 June, 2025.
How are de facto spouses defined? Parental union legislation defines de facto spouses as two persons who share a community of life and who represent themselves publicly as a couple, regardless of how long they have shared a community of life, while presuming that persons who cohabit and are the parents of the same child are de facto spouses.
A parental union patrimony is established upon formation of the parental union and is composed of the residences of the family or the rights which confer use of them, the movable property with which they are furnished or decorated and which serves for the use of the household, and the motor vehicles used for family travel, with the exception of certain deductions provided for in the Act. Upon the end of the parental union, the value of the parental union patrimony is equally divided between de facto spouses.
It is important to note that de facto spouses may, during the union, by notarial act en minute, withdraw by mutual agreement from the application of the Act. Where the withdrawal is attested to within 90 days of the beginning of the parental union, the parental union patrimony is deemed never to have been established.
In conclusion, although the legislation on parental union in Quebec represents a significant step towards a more inclusive recognition of the different family configurations in existence, it will not apply universally to all de facto spouses. It is essential that the affected families understand the legal criteria and take the necessary steps to protect their rights and those of their children.
If you have any questions, do not hesitate to contact our team of notaries specialized in law for individuals, who will be happy to advise you on the best way to deal with your parental union situation.