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Family law and couples

Drawing up of an agreement in a civil union

Recognized rights for de facto spouses

Some laws, especially those of a social nature, give equal rights to married or civil union couples and same-sex or opposite-sex de facto spouses. Each of those laws establishes its own criteria (duration of cohabitation, existence of a child, etc.) for the recognition of certain legal effects.

No general conclusion may be drawn from any one set of laws. For example, the Régie de l’assurance-automobile du Québec recognizes, under certain conditions, the right of a de facto spouse to death benefits should his or her spouse die in an automobile accident, but this does not entitle the surviving spouse to the deceased’s assets unless provided for by will.

Since June 24, 2002, the Civil Code of Québec has recognized the right of the de facto spouse to consent to healthcare for his or her spouse when the latter is not capable of giving such consent and where no proxy, trustee or guardian has been appointed.

Drawing up of an agreement in a civil union

Your notary is fully qualified to inform you and provide you with proper advice. He can tell you all you need to know about the civil and tax implications of your de facto union. If necessary, he may suggest the drawing up of an agreement in notarial form setting forth all the rules applying to your de facto union.

Such a contract may be long or short, depending on the matters you wish to include. Your notary can help you decide just how much the contract should cover. For instance, you may wish to include provisions concerning:

• ownership rights in the shared residence

• administration and disposal of assets acquired during cohabitation

• gifts of furniture and other assets

• the fate of the shared residence in the event of separation or death

• rights to support between the de facto spouses following a separation

• the division of certain assets on separation.