Unmarried Quebec couples with children who split up would be able to divide the value of assets like houses and vehicles evenly as a “safety net” regardless of who paid for them, under a new “parental union” bill tabled by the provincial government.
Sponsored by Justice Minister Simon Jolin-Barrette Wednesday, Bill 56 would amend the Civil Code to define the creation of a parental union as involving parental union assets, including the family residence — an extension of rules applied to married couples and unmarried partners in the event that a union ends.
Quebec is the only province with a civil code, based on the French Napoleonic Code. All other provinces use the common law and common-law relationships offer certain protection to partners, whether or not children are part of the equation.
Jolin-Barrette’s bill is part of an in-depth reform of family law, which started with the adoption last year of Bill 12 — a law that seeks to protect children born after a sexual assault and regulate surrogate pregnancy to protect the rights of children and mothers.
“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 Wednesday.
More Quebec babies — in 2021, 65 per cent — are being born outside of marriage, with unmarried couples representing 42 per cent of live-in relationships in the province in 2021, compared to married couples representing 58 per cent.
In recent years, the number of unmarried couples in Quebec has surpassed that of Sweden, according to Statistics Canada. A third of Swedish couples are live-in partners, making Sweden the country with the highest proportion of unmarried couples in the world.
Additional protection for unmarried parents
Once the law comes into force, a parental union is formed when unmarried partners become parents of a shared child, live together and present themselves publicly as a couple. The union ends if the two separate, marry or if either person dies.
If the people in a parental union both agree, they may change the composition of properties listed under the union or completely withdraw from its application, the bill preamble reads.
Bill 56 would not be retroactive, meaning it would automatically apply only to unmarried couples whose children are born or adopted after June 30, 2025.
Unmarried couples, with or without children, whose relationship predates the new law can decide to opt in anyway by filling out a form the government will make available.
The bill proposes various protections in the event of separation of couples in parental union.
For example, it makes it easier to request a compensatory benefit from the court for parents who believe they experienced losses after having contributed to the enrichment of the other spouse’s assets, Jolin-Barrette said.
As in the case of marriages, property acquired before the union, such as a fully paid house, would be excluded from the calculation
Unlike marriage, however, a parent’s contribution to an RRSP or a pension fund will not be considered when assessing assets established within the framework of a parental union. Jolin-Barrette said he wanted to keep two separate plans to give couples the choice to opt for the one that suits them best.
Blended families will not be protected by the new regime unless the couple have a child together after the law comes into force.
Through Bill 56, judges would be required to award damages in cases of “judicial violence,” when a disgruntled partner weaponizes the judicial system against their ex. The bill proposes that the court take into account “the history of the proceedings between the parties,” the impact of those disputes on the former partner and the children and “whether there is an equal balance of power between the parties.”
Hélène Potvin, president of the Chambre des notaires du Québec, said in a statement Wednesday that the bill is part of a movement of legislative progress that strengthens the role of notaries to better respond to contemporary realities.
“Each announcement that aims to update elements related to family law and adapt it to the current realities of Quebecers can only be beneficial for citizens,” she said in a statement.
Québec Solidaire’s justice critic, Guillaume Cliche-Rivard, welcomed several measures put forward in the bill, especially those related to the protection of women and children.
“Certainly, we will take the time to analyze it fully, and we will take advantage of the detailed study to ask our questions and improve the bill.”
Pressure to change
Quebec’s family law had not been revised since 1980. Jolin-Barrette set out to modernize the Civil Code by drawing on the Supreme Court case, Éric v. Lola, which caused an uproar in the 2010s.
The plaintiff — referred to by a pseudonym to protect the anonymity of the children involved — had asked for financial compensation from the father of her children since she had put her career on hold while he gained income through working.
The parties were unmarried, which meant that the rights and obligations of an official union were not applicable to them.
The case addressed the question of whether excluding unmarried couples in Quebec from property division and spousal support was a violation of Charter rights and confirmed that Quebec is the only Canadian province where people in conjugal relationships who live together are not entitled to spousal support.
The Montreal lawyer expressed ‘great disappointment’ in Quebec’s bill on rights of unmarried partners. She says it offers no protection for women without children and that ”everyone will opt out,” removing protection for partners.
