United… in the eyes of the law?
You havethe rightto foresee.

Marriage is not only an expression of love ora family event. It’s also a decision with manyand often complex legal consequences.
Your notary will advise you of your rights and duties
as a spouse. He will explain the legal rules intended
to protect your respective interests and will assesswith you the possibility of adapting them to yourneeds through a marriage contract.

Consult your notary!

www.cnq.org© Chambre des notaires du Québec, 2021 - DEP208 - PHOTO : ISTOCK

The rights andduties of spouses

Marriage

The law provides that during the marriage,
the spouses have the same rights and the sameobligations towards one another. Amongother things, they must:
Offer respect, fidelity, succour and assistanceto one another.
Lead the family and shoulder their responsibilities
towards their children together.
Choose the family residence together.
Contribute proportionally to their respectivemeans to household tasks and family expenses(lodging, clothes, food and so on).

Understand the legal
consequences of yourcommitment!

Protecting the spouses’
property and managing
their debtsWhether we are talking about marriage, divorce ordeath, there are legal rules to ensure:the protection of each spouse’s property
and money; andthe liability for their debts.

CHOOSING

1 A MATRIMONIAL REGIME
The law provides that every married couple is subject
to a matrimonial regime whose purpose is to:
1. E
 stablish the rules for managing the spouses’
property, money and debts during the marriage.
2. D etermine how to divide their property and establish
its net value in the event of divorce or death.
In Québec, there are two types of matrimonial regimes :the regime of separation of property by marriage
contract and the regime of partnership of acquests
with or without marriage contract. Spouses may adapt
one of them to their particular needs in a marriage
contract signed before a notary.
Spouses married since July 1, 1970 areautomatically governed by the matrimonial
regime of the partnership of acquests if:• They do not have a marriage contract;• Their marriage contract contains no provisions
dealing with their matrimonial regime.
By signing a marriage contract under the regimeof separation of property, each spouse administers
his or her own property, which is referred toas «separate» property. Each spouse is the ownerof the property in his or her own name.
In the event of separation, a decree of judicial
separation does not dissolve the marriage,
but triggers the liquidation of the matrimonial
regime of the partnership of acquests andthe partitioning of the family patrimony. As ofthe decree, the spouses will be subject to thematrimonial regime of separation as to property.
Your notary will explain the differences betweenthe matrimonial regimes in the law and willadvise you so your choices adequately meetyour needs. He will also draft your marriage
contract to meet all the legal requirements.
He could stipulate the use of family mediationin the event of separation.

Legal protection of the residence
can be enhanced by registering
a “declaration of family residence”.

2 PROTECTING THE FAMILYRESIDENCE AND PROPERTY

Regardless of your matrimonial regime or the contentof your marriage contract, the law gives special
protection to the family residence and to the propertyin the residence used by the family.
This means that during the marriage, a spouse mustobtain the other’s consent to:Sell, lease, mortgage, transfer or encumber
the family residence if it is located in a building
with four units or less.
Sell, lease or transfer the family residence if it islocated in a building with five units or more.
Sublet, transfer or terminate the leaseof a dwelling if the landlord has been informedthat it is a family dwelling.
Sell, transfer or even part with property
in the residence used by the family.

3 PARTITION OF

THE FAMILY PATRIMONY

In the event of a divorce or death, the law provides
that the net value of the property in the family patrimony
will normally be shared equally by the spouses.
The following are the items which automatically
become part of the family patrimony fromthe date of marriage:
The residence(s) used by the family
The property in the residence that isused by the family
The vehicles used by the family
Each spouse’s retirement savings plans,
their pension plans and their annuities
The family patrimony rules are mandatory, regardless of
your matrimonial regime or the content of your marriagecontract. They cannot be modified during the marriage,
even by means of a marriage contract.

Support payments andother financial requests
Under certain circumstances, the law allows
a spouse the right to make such requests as:spousal support for himself or herself; orcompensation if, during the marriage, the spouse
became poorer while at the same time contributing
to the enrichment of the other spouse without
any valid reason.
These kinds of requests are generally madein the event of a divorce or the death of a spouse.
They must be the subject of a court decree.

The civil union
In Québec, a civil union is another way
for couples to be legally united. It isdistinct from a marriage, but involves
nearly the same legal consequences.
Therefore, the rules stated in thispamphlet also apply to a civil union,
though some adjustments are needed.

Your notary will advise you on the financial claims
you may be entitled to make.

Information
to collect¡ Each spouse’s birth certificate¡ The documents relating to the spouses’ civil status
if either of them have previously been married(judgment of divorce, death certificate, etc.)¡ The date and location of the ceremony¡ The contact information of someone who isable to confirm your identity for the publicationof the marriage noticeProtection inthe event of death¡ The contact information of two people whowill be witnesses during the ceremony

If you pass away without having made a will, the law
provides that your spouse becomes one of your heirs.

¡ Any other information requested by your notary

The spouse is not necessarily the only heir.
The surviving spouse has to share the inheritancewith the other legal heirs. For example, if you
have children, two thirds of the inheritance goesto your children and one third goes to your spouse.

Marriage celebratedby your notaryàHOW TOPREPARE

Foodfor thought
Did youknow?

The law authorizes your notary to perform civil
marriages anywhere in Québec. The marriage may
be performed at any place chosen by the future
spouses as long as it respects the solemn
character of the ceremony.

à Together, spouses are liable for debts
contracted during the marriage for the family’sneeds. To avoid being liable for your spouse’s debts,
you must advise, before a debt is contracted,
the person or company you are dealing with.

Besides informing you of the legal consequencesof marriage, your notary will make sure that
all the legal formalities are observed.

à It is also a good idea to prepare before
the marriage a patrimonial inventory, which
is an inventory of your assets and their value.
In the event of a divorce or death, it will thenbe easier to determine what you haveaccumulated during your marriage.
à It is possible to change one’s matrimonial
regime during the marriage by signinga marriage contract before a notary stipulating
the change in matrimonial regime.

¡ Would a marriage contract be appropriate?
¡ Who will perform your marriage?
¡ Have you prepared a patrimonial inventory?
¡ Have you considered preparing a will?